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 19990000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1999 Volume One 19990000 Compiled and Published by Authority of the State

TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 Proposed Amendments to the Constitution 1273 VOLUME TWO Acts and Resolutions of Local Application 3501 County and Consolidated Government Home Rule Actions 4929 Municipal Home Rule Actions 4991 Order of the Superior Court of Douglas County dissolving the City of Lithia Springs 5197 VOLUME THREE Acts by Numbers-Page References I Bills and Resolutions-Act Number References VI Appellate Courts-Personnel XII Superior Courts-Personnel and Calendars XIII Index-Tabular XXV Index-General LXIV Population of Georgia Counties-Alphabetically CXLIII Population of Georgia Counties-Numerically CXLIX Population of Municipalities CLI Population of Judicial Circuits CLVII Georgia Senate Districts, Alphabetically by County CLX Georgia Senators, Alphabetically by Name CLXII Georgia Senators, Numerically by District CLXV Georgia House Districts, Alphabetically by County CLXVIII Georgia Representatives, Alphabetically by Name CLXX Georgia Representatives, Numerically by District CLXXVIII Status of Referendum Elections CLXXXVI Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at the 1998 General Election CCCXLV Vetoes by the Governor CCCXLIX

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COMPILER'S NOTE General Acts and Resolutions of the 1999 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 1273. 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 1, 1998, and April 1, 1999, are printed in Volume II beginning at pages 4929 and 4991, respectively. There are no numbered pages between page 1276, 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 stiching 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. STATE GOVERNMENTAPPROPRIATIONS; S.F.Y. 1998-99; YEAR 2000 COMPUTER APPROPRIATION. No. 2 (House Bill No. 145) AN ACT To provide supplementary appropriations for the State Fiscal Year ending June 30, 1999, 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, 1998 and ending June 30, 1999, as prescribed hereinafter or 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 $170,000,000 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 1999: $170,000,000 Section 3 . The Office of Planning and Budget is hereby directed to economize wherever 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.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved February 4, 1999. CRIMES AND OFFENSESFIREARMS AND AMMUNITION; CIVIL ACTIONS AGAINST MANUFACTURERS, TRADE ASSOCIATIONS, AND DEALERS. Code Section 16-11-184 Amended. No. 4 (House Bill No. 189). AN ACT To amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms or ammunition manufacturers, trade associations, and dealers; to provide legislative declarations; to provide for legislative intent; 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 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following: (a) (1) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b) (1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components. (2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive

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relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority. SECTION 2 . The General Assembly intends that paragraph (2) of subsection (a) of Code Section 16-11-184 as enacted by this Act shall embrace the rule of law in Division 1 of Rhodes v. R. G. Industries, Inc. , 173 Ga. App. 51 (1984). SECTION 3 . This Act shall apply to any action pending on or brought on or after the date this Act becomes effective. 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 9, 1999. JOINT STUDY COMMITTEE ON PARTNERSHIP BETWEEN THE HOSPITAL AND CLINICS OF THE MEDICAL COLLEGE OF GEORGIA AND THE UNIVERSITY HOSPITAL OF RICHMOND COUNTYCREATION. No. 1 (Senate Resolution No. 88). A RESOLUTION Creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County; and for other purposes. WHEREAS, a blue ribbon commission appointed by the Board of Regents of the University System of Georgia, after three months of comprehensive public discussion and analysis, has reviewed and affirmed the importance of the Medical College of Georgia's mission of teaching, research, and patient care; and WHEREAS, the hospital and clinics of the medical college are essential to carrying out that mission as well as to the health of the citizens of Richmond County and the economic well-being of the area; and

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WHEREAS, the blue ribbon commission has concluded that opportunities exist for a partnership between the hospitals and clinics of the medical college and other area health care providers, in particular the University Hospital of Richmond County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County to be composed of 15 members as follows: two members shall be appointed by the President of the Senate; two members shall be appointed by the Speaker of the House of Representatives; and 11 members appointed by the Governor which appointments may represent health care providers; medical professional associations; the Augusta-Richmond County business community; the Board of Regents of the University System of Georgia; the Medical College of Georgia; University Health, Inc; and other providers and the professionals of Richmond County. The Governor shall designate a chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study to: (1) Evaluate the findings of the Board of Regents Blue Ribbon Commission on the Medical College of Georgia concerning the hospital and clinics of the Medical College of Georgia; (2) Examine the current mission of the Medical College of Georgia hospital and clinics and evaluate what opportunities exist for a partnership between the hospital and clinics of the Medical College of Georgia and area health care providers, including the University Hospital of Richmond County; (3) Examine health services programs of the Medical College of Georgia and the University Hospital of Richmond County and such other area providers as needed in light of the Medical College of Georgia's need for a comprehensive health sciences curriculum; (4) Assess the potential for integration of programs and services to meet the health services needs of the local community, including services to indigent persons and the health sciences needs of the Medical College of Georgia; (5) Recommend the best options for integration on plan and strategy for achieving the strongest possible health services partnerships in the Richmond County area; and (6) Recommend any actions or legislation which the committee deems necessary or appropriate to the General Assembly and the board of regents.

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The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before September 30, 1999. The committee shall stand abolished on October 15, 1999. Approved March 8, 1999. MOTOR VEHICLES AND TRAFFICLASER SPEED DETECTION DEVICES; RECOGNITION OF RELIABILITY; ADMISSIBILITY; SELF-AUTHENTICATION. Code Section 40-14-17 Enacted. No. 15 (Senate Bill No. 231). AN ACT To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by adding a new Code section at the end thereof, to be designated Code Section 40-14-17, to read as follows: 40-14-17. Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state. A certified copy of the Department of Public Safety list of approved models of such laser devices shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state.

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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 25, 1999. CIVIL PRACTICEOFFICIAL ORGANS OF COUNTIES; JUDICIAL SALES ADVERTISEMENTS; REQUIREMENTS FOR AND CHANGES OF OFFICIAL ORGANS. Code Sections 9-13-140 and 9-13-142 Amended. No. 16 (House Bill No. 782). AN ACT To amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the requirements for establishment of the official organ of publication; to provide requirements for maintaining a newspaper as official organ; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, is amended by striking in its entirety subsection (a) of Code Section 9-13-140, relating to publication of notices of sales of land and other property, and inserting in lieu thereof the following: (a) The sheriff, coroner, or other officer shall publish weekly for four weeks in the legal organ for the county, or if there is no newspaper designated as such, 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

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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 . Said part is further amended by striking Code Section 9-13-142, relating to requirements for the official organ of publication and how the official organ is changed, and inserting in lieu thereof the following: 9-13-142. (a) No journal or newspaper published in this state shall be declared, made, or maintained as the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of `official or legal advertising' and required by law to be published in such county official newspaper unless the newspaper shall meet and maintain the following qualifications: (1) `Newspaper' as used in this Code section means a printed product of multiple pages containing not greater than 75 percent advertising content in no more than one-half of its issues during the previous 12 months, excluding separate advertising supplements inserted into but separately identifiable from any regular issue or issues of the newspaper. (2) The newspaper shall be published within the county and continuously at least weekly for a period of two years or is the direct successor of such a newspaper. Failure to publish for not more than two weeks in any calendar year shall not disqualify a newspaper otherwise qualified. (3) For a period of two years prior to designation and thereafter, the newspaper shall have and maintain at least 75 percent paid circulation as established by an independent audit. Paid circulation shall not include newspapers that are distributed free or in connection with a service or promotion at no additional charge to the ultimate recipient. For circulation to be considered paid, the recipient of the newspaper or such recipient's employer or household must pay reasonable and adequate consideration for the newspaper. No rules of circulation of audit companies, the U.S. Postal Service, or accounting principles may be considered in determining paid circulation if they are inconsistent with the provisions of this subsection. (4) Based on the published results of the 1990 United States decennial census or any future such census, the newspaper shall have and maintain at least the following paid circulation within the county for which it is designated as the legal organ newspaper: (A) Five hundred copies per issue in counties having a population of less than 20,000;

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(B) Seven hundred fifty copies per issue in counties having a population of at least 20,000 but less than 100,000; or (C) One thousand five hundred copies per issue in counties having a population of 100,000 or greater. (5) For purposes of this Code section, paid circulation shall include home or mail delivery subscription sales, counter, vendor and newsrack sales, and sales to independent newspaper contract carriers for resale. Paid circulation shall not include multiple copies purchased by one entity unless the multiple copies are purchased for and distributed to the purchaser's officers, employees, or agents, or within the purchaser's household. (b) However, in counties where no journal or newspaper meets the qualifications set forth in subsection (a) of this Code section, the official organ may be designated by the judge of the probate court, the sheriff, and the clerk of the superior court, a majority of these officers governing from among newspapers otherwise qualified to be a legal organ that meet the minimum circulation in the preceding subsection for the county, or if there is no such newspaper, then the newspaper having the greatest general paid circulation in the county. (c) Any selection or change in the official organ of any county shall be made upon the concurrent action of the judge of the probate court, the sheriff, and the clerk of the superior court of the county or a majority of the officers. No change in the official legal organ shall be effective without the publication for four weeks of notice of the decision to make a change in the newspaper in which legal advertisements have previously been published. All changes in the official legal organ shall be made effective on January 1 unless a change has to be made where there is no other qualified newspaper. (d) Notwithstanding the other provisions of this Code section, an official organ of any county meeting the qualifications under the statute in force at the time of its appointment and which was appointed prior to July 1, 1999 may remain the official organ of that county until a majority of the judge of the probate court, the sheriff, and the clerk of the superior court determine to appoint a new official organ for the county. (e) During the month of December in each year the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request.

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SECTION 3 . Notwithstanding the provision of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1999. REVENUE AND TAXATIONINCOME TAXES; TAX CREDITS; ASSIGNMENT BY CORPORATION TO AN AFFILIATED CORPORATION. Code Section 48-7-42 Enacted. No. 17 (House Bill No. 438). 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 taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation; to provide terms, conditions, and limitations; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-41, to be designated Code Section 48-7-42, to read as follows: 48-7-42. (a) In lieu of claiming any Georgia income tax credit for which a corporate taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's pre-credit income tax liability), the taxpayer may elect to assign such credit in its entirety to another corporation that is a member of the taxpayer's `affiliated group' (within the meaning of Section 1504(a) of the Internal Revenue Code) for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be

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assigned or reassigned, except as provided in subsection (c) of this Code section. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayer's state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable. (b) The recipient of a tax credit assigned under subsection (a) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (c) If the assignor and the recipient of a tax credit assigned under subsection (a) of this Code section cease to be members of the same affiliated group, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to a member of the assignor's affiliated group, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor. (d) The assignor and recipient of a tax credit assigned under subsection (a) of this Code section shall be jointly and severally liable for any tax (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1999. COURTSCOURT OF APPEALS; NUMBER OF JUDGES; DIVISIONS; QUORUM; ELECTIONS; TERMS; APPOINTMENT. Code Sections 15-3-1 and 15-3-4 Amended. No. 18 (Senate Bill No. 59). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to

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provide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional 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 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-3-1, relating to the composition and division of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-1 to read as follows: 15-3-1. (a) Composition . The Court of Appeals shall consist of 12 Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court. (b) Divisions . The court shall sit in divisions composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the divisions and shall, under rules prescribed by the court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable. (c) How cases heard . (1) Each division shall hear and determine, independently of the others, the cases assigned to it, except that the division next in line in rotation and a seventh Judge shall participate in the determination of each case in which there is a dissent in the division to which the case was originally assigned. (2) In all cases which involve one or more questions which, in the opinion of the majority of the Judges of the division or of the two divisions plus a seventh Judge to which a case is assigned, should be passed upon by all the members of the court, the questions may be presented to all the members of the court; and if a majority of all the members of the court decide that the question or questions involved should, in their judgment and discretion, be decided by all the members of the court, the case shall be passed upon by all the members of the court, provided that a majority of the Judges passing upon the case concur in the judgment. (3) In neither class of cases referred to in this subsection shall there be oral argument except before the division to which the cases are originally assigned.

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(d) How decision overruled . It being among the purposes of this Code section to avoid and reconcile conflicts among the decisions made by less than all of the Judges on the court and to secure more authoritative decisions, it is provided that when two divisions plus a seventh Judge sit as one court the court may, by the concurrence of a majority, overrule any previous decision in the same manner as prescribed for the Supreme Court. As precedent, a decision by such court with a majority concurring shall take precedence over a decision by any division or two divisions plus a seventh Judge. A decision concurred in by all the Judges shall not be overruled or materially modified except with the concurrence of all the Judges. (e) Quorum . When all the members of the court are sitting together as one court, seven Judges shall be necessary to constitute a quorum. In all cases decided by such court as a whole by less than 12 Judges, the concurrence of at least seven shall be essential to the rendition of a judgment. (f) Oral arguments . The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings. (g) Assistance of other judges; procedure . Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case. SECTION 2 . Said title is further amended by striking Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-4 to read as follows: 15-3-4. The Judges of the Court of Appeals shall be elected at the general state election to be held on Tuesday after the first Monday in November of the even-numbered years in the manner in which Justices of the Supreme Court are elected. The election of the Judges shall be as follows: (1) Successors to the Judges serving in judgeships which existed prior to 1999 shall be elected as follows: (A) Successors to any Judges whose terms expired at the end of 1998 shall be elected at the general election in 2004 and each sixth year thereafter; (B) Successors to any Judges whose terms expire at the end of 2000 shall be elected at the general election in 2000 and each sixth year thereafter;

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(C) Successors to any Judges whose terms expire at the end of 2002 shall be elected at the general election in 2002 and each sixth year thereafter; and (D) Successors to any Judges whose terms expire at the end of 2004 shall be elected at the general election in 2004 and each sixth year thereafter; and (2) Successors to the two judges serving in the judgeships created in 1999 shall be elected at the 2000 general election and each sixth year thereafter. The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor. SECTION 3 . The initial judges to serve in the two judgeships created by this Act shall be appointed by the Governor for terms to expire at the end of 2000. SECTION 4 . This Act shall become effective July 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1999. REVENUE AND TAXATIONINCOME TAXES; EMPLOYER PROVIDED OR SPONSORED CHILD CARE; TAX CREDITS; DEPRECIATION. Code Sections 48-7-21, 48-7-27, and 48-7-40.6 Amended. No. 19 (House Bill No. 610). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, so as to increase the income tax credit for the cost of operation of employer provided or employer sponsored child care; to provide an income tax credit to employers who construct on-site qualified child care facilities; to provide for definitions; to provide for procedures, conditions, and limitations relating to such credits; to provide for the recapture of such credits under certain circumstances; to limit Georgia depreciation deductions with respect to qualified child care property for

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which such credits are claimed; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, is amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to be designated paragraph (13), to read as follows: (13) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions ared used in determining federal taxable income. SECTION 2 . Said article is further amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-27, relating to computation of taxable income, to be designated paragraph (9), to read as follows: (9) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income. SECTION 3 . Said article is further amended by striking in its entirety Code Section 48-7-40.6, relating to tax credits for employers providing child care, which reads as follows: 48-7-40.6. (a) As used in this Code section, the term: (1) `Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities. (2) `Employer' means any employer upon whom an income tax is imposed by this chapter. (3) `Employer provided' refers to child care offered on the premises of the employer, provided that the facility is in Georgia.

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(4) `Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation to the employer less any amounts paid for by employees during a taxable year. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this credit program., and inserting in its place a new Code Section 48-7-40.6 to read as follows: 48-7-40.6. (a) As used in this Code section, the term: (1) `Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities; provided, however, that the term cost of operation shall exclude the cost of any property that is qualified child care property. (2) `Employer' means any employer upon whom an income tax is imposed by this article. (3) `Employer provided' refers to child care offered on the premises of the employer. (4) `Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer. (5) `Premises of the employer' refers to any location within the State of Georgia and located on the workplace premises of the employer providing the child care or one of the employers providing the child care in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers; provided, however, that if such workplace premises are impracticable or otherwise unsuitable for the on-site location of such child care facility, as

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determined by the commissioner, such facility may be located within a reasonable distance of the premises of the employer. (6) `Qualified child care property' means all real property and tangible personal property purchased or acquired on or after July 1, 1999, or which property is first placed in service on or after July 1, 1999, for use exclusively in the construction, expansion, improvement, or operation of an employer provided child care facility, but only if: (A) The facility is licensed or commissioned by the Department of Human Resources pursuant to Code Section 49-5-12; (B) At least 95 percent of the children who use the facility are children of employees of: (i) The taxpayer and other employers in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers; or (ii) A corporation that is a member of the taxpayer's `affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; and (C) The taxpayer has not previously claimed any tax credit for the cost of operation for such qualified child care property placed in service prior to taxable years beginning on or after January 1, 2000. Qualified child care property includes, but is not limited to, amounts expended on land acquisition, improvements, buildings, and building improvements and furniture, fixtures, and equipment. (7) `Recapture amount' means, with respect to property as to which a recapture event has occurred, an amount equal to the applicable recapture percentage of the aggregate credits claimed under subsection (d) of this Code section for all taxable years preceding the recapture year, whether or not such credits were used. (8) `Recapture event' refers to any disposition of qualified child care property by the taxpayer, or any other event or circumstance under which property ceases to be qualified child care property with respect to the taxpayer, except for: (A) Any transfer by reason of death; (B) Any transfer between spouses or incident to divorce; (C) Any transaction to which Section 381(a) of the Internal Revenue Code applies; (D) Any change in the form of conducting the taxpayer's trade or business so long as the property is retained in such trade or business as qualified child care property and the taxpayer retains a substantial interest in such trade or business; or

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(E) Any accident or casualty. (9) `Recapture percentage' refers to the applicable percentage set forth in the following table: If the recapture event occurs within The recapture percentage is: Five full years after the qualified child care property is placed in service 100 The sixth full year after the qualified child care property is placed in service 90 The seventh full year after the qualified child care property is placed in service 80 The eighth full year after the qualified child care property is placed in service 70 The ninth full year after the qualified child care property is placed in service 60 The tenth full year after the qualified child care property is placed in service 50 The eleventh full year after the qualified child care property is placed in service 40 The twelfth full year after the qualified child care property is placed in service 30 The thirteenth full year after the qualified child care property is placed in service 20 The fourteenth full year after the qualified child care property is placed in service 10 Any period after the close of the fourteenth full year after the qualified child care property is placed in service 0 (10) `Recapture year' means the taxable year in which a recapture event occurs with respect to qualified child care property. (b) A tax credit against the tax imposed under this article shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to 75 percent of the cost of operation to the employer less any amounts paid for by employees during a taxable year. (c) The tax credit allowed under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) Such credit shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to any other credits;

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(2) Any such credit claimed but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred; and (3) The employer shall certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are granted only to employers who provide or sponsor approved child care pursuant to this Code section. (d) In addition to the tax credit provided under subsection (b) of this Code section, a taxpayer shall be allowed a credit against the tax imposed under this article for the taxable year in which the taxpayer first places in service qualified child care property and for each of the ensuing nine taxable years following such taxable year. The aggregate amount of the credit shall equal 100 percent of the cost of all qualified child care property purchased or acquired by the taxpayer and first placed in service during a taxable year, and such credit may be claimed at a rate of 10 percent per year over a period of ten taxable years. (e) The tax credit allowable under subsection (d) of this Code section shall be subject to the following conditions and limitations: (1) Any such credit claimed in any taxable year but not used in such taxable year may be carried forward for three years from the close of such taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for the credit in any succeeding taxpayer; (2) In no event shall the amount of any such tax credit, including any carryover of such credit from a prior taxable year, exceed 50 percent of the taxpayer's income tax liability as determined without regard to any other credits; and (3) For every year in which a taxpayer claims such credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return setting forth the following information with respect to such tax credit: (A) A description of the child care facility; (B) The amount of qualified child care property acquired during the taxable year and the cost of such property; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified child care property acquired in prior taxable years and the cost of such property; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years;

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(G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried forward to subsequent tax years; and (I) A description of any recapture event occurring during the taxable year, a calculation of the resulting reduction in tax credits allowable for the recapture year and future taxable years, and a calculation of the resulting increase in tax for the recapture year. (f) If a recapture event occurs with respect to qualified child care property: (1) The credit otherwise allowable under subsection (d) of this Code section with respect to such property for the recapture year and all subsequent taxable years shall be reduced by the applicable recapture percentage; and (2) All credits previously claimed with respect to such property under subsection (d) of this Code section shall be recaptured as follows: (A) Any carryover attributable to such credits under paragraph (1) of subsection (e) of this Code section shall be reduced, but not below zero, by the recapture amount; (B) The tax credit otherwise allowable under subsection (d) of this Code section for the recapture year, if any, as reduced under paragraph (1) of this subsection, shall be further reduced, but not below zero, by the excess of the recapture amount over the amount taken into account under subparagraph (A) of this paragraph; and (C) The tax imposed under this article for the recapture year shall be increased by the excess of the recapture amount over the amounts taken into account under subparagraphs (A) and (B) of this paragraph, as applicable. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. 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, 2000. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1999.

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RETIREMENT AND PENSIONSCODE REVISION; TECHNICAL CORRECTIONS. Code Sections 47-2-264.1, 47-23-100, 47-23-105, and 47-23-124 Amended. No. 21 (House Bill No. 262). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking is resolved and inserting in its place is revoked in subsection (b) and by striking the provision and inserting in its place the provisions in subsection (c) of Code Section 47-2-264.1, relating to membership in retirement system of employees paid by the office of the district attorney, contributions, and creditable service. (2) By designating the introductory language as subsection (a) and by redesignating paragraph (5) as subsection (b) in Code Section 47-23-100, relating to the definition of salary. (3) By deleting , whichever date is later from paragraph (1) of subsection (b) of Code Section 47-23-105, relating to spouses' benefits, ceasing spouses' benefits, vesting, and designation of survivor's benefits. (4) By striking the Act creating and inserting in its place an Act, approved April 2, 1998 (Ga. L. 1998, p. 513), creating in Code Section 47-23-124, relating to legislative intent. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999.

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ELECTIONSCODE REVISION. Code Title 21 Amended. No. 22 (House Bill No. 264). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking motion own and inserting in its place own motion in subsection (b) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications. (2) By striking a House, House which, and House whose and inserting in their place a house, house which, and house whose in subsection (b) of Code Section 21-2-30, relating to creation, composition, terms of service, vacancies, quorum, seal and bylaws, and meetings. (3) By striking political division and inserting in its place political subdivision both times it appears in subsection (a) of Code Section 21-2-45.1, relating to special elections on bonded debt, publication, date, and discount. (4) By striking voting recorders and inserting in its place vote recorders in paragraph (5) and by striking subsection and inserting in its place paragraph in paragraph (11) of Code Section 21-2-70, relating to powers and duties of superintendents. (5) By inserting a comma following addresses and by deleting the comma following committee in paragraph (3) of subsection (b) of Code Section 21-2-110, relating to filing of registration statements by political parties or bodies with the Secretary of State, contents of

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registration statements, amendments, filing fees, and failure to file statement. (6) By striking each county office and inserting in its place each office in the first sentence and by striking derived from such office and inserting in its place derived from such county office in the last sentence of paragraph (1) of subsection (a) of Code Section 21-2-131, relating to fixing and publishing of qualification fees, manner of payment, and distribution of fees paid. (7) By inserting or appropriate municipal official preceding the period at the end of subsection (e) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates by the Secretary of State. (8) By striking (B), or (C) and inserting in its place (B), (C), or (D) in subparagraph (b) (2) (B) and paragraph (3) of subsection (b) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate. (9) By striking state, county, or and inserting in its place state or county or in paragraph (2) of subsection (a) of Code Section 21-2-217, relating to rules for determining residence. (10) By repealing subsection (a.1) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, and challenges, which reads as follows: (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. (11) By striking party of body and inserting in its place party or body in subsection (c), by striking party by virtue and party convention and inserting in their place party or body by virtue and party or body convention in subsection (f), and by striking Assembly and and inserting in its place Assembly or three times in subsection (h) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement. (12) By striking managers and inserting in its place manager in the undesignated paragraph at the end of Code Section 21-2-484, relating to requirements for ballot recap form and delivery. (13) By striking 21-2-235 and inserting in its place 21-2-224 in subsection (g) of Code Section 21-2-501, relating to the number of votes required for election.

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(14) By deleting or 3 in paragraph (4) of Code Section 21-4-3, relating to definitions relative to the recall of public officers. (15) By striking day of, 19. and inserting in its place day of,. each time it appears in the form in division (b) (1) (E) (ii) of Code Section 21-4-5, relating to application for and time of filing of recall petition, sponsors, withdrawal of signature, duties of election superintendent, and printing and distribution of recall petition forms by the Secretary of State. (16) By striking day of, 19. and inserting in its place day of,. each time it appears in the form in subsection (e) of Code Section 21-4-8, relating to electors eligible to sign recall petition, procedure for circulating, obtaining and verifying signatures, form for affidavit of circulator, and change in signature and residence address. (17) By striking day of, 19. and inserting in its place day of,. each time it appears in the form in subsection (b) of Code Section 21-4-9, relating to the procedure for withdrawal of signature on recall application or petition and contents and form of affidavit to be executed and filed by person desiring to withdraw signature. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999. ELECTIONSNOMINATION AND RECALL PETITIONS; PETITIONS FOR PAUPERS' AFFIDAVITS; NOTARY PUBLIC; REJECTION. Code Sections 21-2-132, 21-2-170, 21-4-5, and 21-4-8 Amended. No. 23 (House Bill No. 238). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the disqualification and rejection of nomination and recall petitions and of petitions for paupers' affidavits and applications for recall petitions which have been notarized and circulated or signed as an elector by the same notary public; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (g) of Code Section 21-2-132, relating to qualifying petitions regarding paupers' affidavits, and inserting in lieu thereof a new subsection to read as follows: (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: (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

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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, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth: (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. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. SECTION 2 . Said title is further amended by striking subsection (d) of Code Section 21-2-170, relating to nominating petitions, and inserting in lieu thereof a new subsection to read as follows: (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

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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, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set 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. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. SECTION 3 . Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-4-5, relating to application for recall petitions, and inserting in lieu thereof a new paragraph to read as follows: (b) (1) The application shall include: (A) The name and office of the person sought to be recalled; (B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence; (C) The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition;

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(D) A statement that: (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and (E) (i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true. (ii) The affidavit required by division (i) of this subparagraph shall be in the following form: AFFIDAVIT OF CIRCULATOR AND PETITION CHAIRPERSON State of Georgia County of Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of is an elector of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.

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No notary public may sign the application as an elector or serve as a circulator of any application which he or she notarized. Any and all sheets of an application for a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the application for a recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. SECTION 4 . Said title is further amended by striking subsection (b) of Code Section 21-4-8, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows: (b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999.

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ELECTIONSOPTICAL SCANNING VOTING SYSTEMS; ABSENTEE BALLOTS; OPTICAL SCANNING BALLOTS; BALLOT RECAP FORMS AND DELIVERY; VOTING MATERIALS DELIVERY. Code Title 21, Chapter 2 Amended. No. 25 (House Bill No. 531). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the provisions relating to optical scanning voting systems in order to conform the law to the technology in use; to change provisions relating to the number of optical scanning systems needed; to change references to ballot cards or labels; to change the duties of superintendents relating to optical scanning systems and tabulators; to change provisions relating to testing and custody of systems and tabulators; to change provisions relating to counting of absentee ballots; to change the number of poll officers required to deliver the ballots to the poll manager; to change provisions relating to storage of electronic voting records; 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: SECTION 1 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Part 4 of Article 9, relating to optical scanning voting systems, and inserting in lieu thereof a new Part 4 to read as follows: Part 4 21-2-365. No optical scanning voting system 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 questions as may be submitted; (2) It shall permit each elector, in one operation per ballot, 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

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to vote, whether or not the name of such person or persons appears upon a ballot 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) An optical scanning tabulator 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 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. 21-2-366. 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 optical scanning voting systems for recording and computing the vote at elections held in the county or municipality. If so authorized and directed, the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part. 21-2-367. (a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one voting booth or enclosure for each 200 electors therein, or fraction thereof.

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(c) Optical scanning voting systems of different kinds may be used for different precincts in the same county or municipality. (d) The governing authority shall provide optical scanning voting systems 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. 21-2-368. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system 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 optical scanning voting system. (b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system 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 optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system 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 optical scanning voting system shall thereafter be purchased for use or be used in this state. (d) When an optical scanning voting system 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 optical scanning voting system, 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

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nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof. 21-2-369. (a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, 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 ballots 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. (c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent. 21-2-370. Reserved. 21-2-371. (a) If ballots for a precinct at which an optical scanning voting system 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 ballots to be prepared, printed, or written, as nearly in the form of official ballots as practicable; and the poll officers shall cause the ballots, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official ballots. Such ballots, so substituted, shall be known as unofficial ballots. (b) If any optical scanning voting system 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 optical scanning voting system 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 optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, the ballots may be voted manually. 21-2-372. Ballots 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. In counties using a central count tabulating system, a serially numbered strip shall be attached to each ballot in a manner and form similar to that prescribed in this chapter for paper ballots.

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21-2-373. In elections, electors shall be permitted to cast write-in votes. The design of the ballot shall permit the superintendents, 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. 21-2-374. (a) The superintendent of each county or municipality shall order the proper programming to be placed in each tabulator used in any precinct or central tabulating location. (b) On or before the third day preceding a primary or election, the superintendent shall have the optical scanning tabulators 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 ballots so 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 ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator 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 tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election. (d) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballots, 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.

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21-2-375. (a) In counties using precinct count optical scanning tabulators, the superintendent shall deliver the proper optical scanning tabulator to the polling places at least one hour before the time set for opening of the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. (b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning tabulator 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 at least one hour before the opening of the polls: (1) Provide sufficient lighting to enable electors, while in the voting booth, to read the ballot, which lighting shall be suitable for the use of poll officers in examining the booth; and such lighting shall be in good working order before the opening of the polls; (2) Prominently post directions for voting on the optical scanning ballot within the voting booth; at least two sample ballots in use for the primary or election shall be posted prominently outside the enclosed space within the polling place; (3) Ensure that the precinct count optical scanning tabulator shall have a seal securing the memory pack in use throughout the election day; such seal shall not be broken unless the tabulator is replaced due to malfunction; and (4) Provide such other materials and supplies as may be necessary or as may be required by law. 21-2-376. 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 sets of sample ballots that will be used in such election. The sample ballots shall 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 ballots shall be under the charge and care of a person competent as an instructor. 21-2-377. (a) The superintendent shall designate a person or persons who shall have custody of the optical scanning tabulators of the county or

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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 optical scanning tabulators. (b) All optical scanning tabulators, when not in use, shall be properly covered and stored in a suitable place or places. 21-2-378. The governing authority of any county or municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, 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 optical scanning voting systems. 21-2-379. 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 optical scanning voting systems 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 optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems 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 any other lawful method authorized in this chapter. In such cases, appropriate 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 method. SECTION 2 . Said chapter is further amended by striking Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code section to read as follows: 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 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

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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 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 12:00 Noon 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) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders or optical scanning tabulators 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

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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 precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which vote recorders or optical scanning tabulators 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. In no event shall the counting of the ballots begin before the polls close. (c) After the close of the polls on the day of the primary or election, a manager shall then open the outer 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 ballots. 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. (d) 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. (e) 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. SECTION 3 . Said chapter is further amended by striking subsection (b) of Code Section 21-2-480, relating to the form and captions of optical scanning ballots, and inserting in lieu thereof a new subsection to read as follows: (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) Optical scanners using ovals or squares. To vote blacken the oval or square ([UNK] [UNK]) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her

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name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (2) Optical scanners using arrows. To vote, complete the arrow ([UNK]) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. SECTION 4 . Said chapter is further amended by striking Code Section 21-2-481, relating to the design, size, and stock of optical scanning ballots, and inserting in lieu thereof a new Code section to read as follows: 21-2-481. Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot to be counted by a central count tabulator. SECTION 5 . Said chapter is further amended by striking Code Section 21-2-484, relating to the requirements for ballot recap forms and their delivery, and inserting in lieu thereof a new Code section to read as follows: 21-2-484. Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing: (1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots. The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container or in the case of counties using a central count tabulating system, in a separate envelope container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened

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without breaking the seal. The manager and one poll officer shall then deliver the ballot container and the envelope container, if applicable, to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location. SECTION 6 . Said chapter is further amended by striking subsection (a) of Code section 21-2-500, relating to delivery of voting materials to the clerk of superior court, and inserting in lieu thereof a new subsection to read as follows: (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, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning of the PROM or other memory storage device. 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. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999.

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COURTSNORTHEASTERN JUDICIAL CIRCUIT; ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 26 (House Bill No. 397). 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 an additional judge of the Northeastern Judicial Circuit; to provide for the initial appointment of the new judge and subsequent election of successors to the new judge; to provide for terms of office and powers, duties, dignity, jurisdiction, privileges, and immunities; to provide for employment of 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 the superior courts, is amended in Code Section 15-6-2, relating to the number of judges, by striking in its entirety paragraph (26) and inserting in its place the following: (26) Northeastern Circuit.....4 SECTION 2 . One new judge of the superior court is added to the Northeastern Judicial Circuit, increasing to four the number of judges of such circuit. SECTION 3 . The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 1999, and expiring December 31, 2000, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2000, for a term of four years beginning on January 1, 2001, and until the election and qualification of a successor. Future successors shall be elected at the general elections every 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 4 . The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The

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new judge is authorized to employ court personnel on the same basis as other judges of the Northeastern Judicial Circuit. SECTION 5 . Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Northeastern 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 6 . (a) For the purposes of appointing the initial new judge pursuant to Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Except as provided in subsection (a) of this section, this Act shall become effective July 1, 1999. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. January 28, 1999 To Whom It May Concern: The Hall County Board of Commissioners voted in their January 28, 1999, meeting to request that the bill providing for a fourth superior court judgeship for the Northeastern Judicial Circuit be given an effective date of July 1, 1999. s/ W. Al Gainey, Jr. Chairman W. Al Gainey, Jr. s/ Brenda R. Branch Commissioner Brenda Branch District 1 s/ Jerry Carpenter Commissioner Jerry Carpenter District 2 s/ Stephen Black Commissioner Stephen Black District 3 s/ Frances Meadows Commissioner Frances Meadows District 4 To Whom It May Concern:

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The Dawson County Commission requests that the bill providing for a fourth superior court judgeship for the Northeastern Judicial Circuit be given an effective date of July 1, 1999. s/ Robert Wallace Robert Wallace, Chairman Dawson County Commission Date: 1-11-99 s/ Shane Long Shane Long, Commissioner s/ Tracey Phillips Tracey Phillips, Commissioner s/ James King James King, Commissioner s/ Julie Hughes Nix Julie Hughes Nix, Commissioner Approved April 1, 1999. GENERAL ASSEMBLYSENATE; DISTRICTS. Code Section 28-2-2 Amended. No. 28 (Senate Bill No. 109). 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 senatorial districts 1, 2, 34, and 44; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 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 senatorial districts 1, 2, 34, and 44 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of senatorial districts 1, 2, 34, and 44 attached to this Act and made a part hereof and further identified as: Operator: state Client: senate Plan: sb109am2. 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.

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Operator: state Client: senate Plan: sb109am2 District No. 1 BRYAN Tract: 9203. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233A, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 CHATHAM Tract: 0029. Tract: 0030. Tract: 0034. Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0035.01 Tract: 0035.02 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group: 4 Tract: 0039. Block Group: 1 Block: 401, 402, 403 Tract: 0040.01 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0041. Tract: 0042.02 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5

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Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0042.03 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0042.05 Tract: 0042.06 Tract: 0045. Block: 101B, 102 Tract: 0105.01 Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0105.02 Block: 101A, 101B, 107A, 107B, 108, 109, 213 Tract: 0106.04 Block: 142A, 143A, 147A, 148, 149 Tract: 0108.04 Tract: 0108.06 Tract: 0108.07 Tract: 0108.97 Block: 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 Block Group: 2 Tract: 0108.98 Tract: 0109.01 Tract: 0109.02 Tract: 0110.02 Tract: 0110.03 Tract: 0110.04 Tract: 0111.01 Block: 204, 205, 206, 207A, 225 Block Group: 3 Tract: 0111.02 Tract: 0111.03

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Tract: 0111.99 District No. 2 CHATHAM Tract: 0001. Tract: 0003. Tract: 0006.01 Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0015. Tract: 0017. Tract: 0018. Tract: 0019. Tract: 0020. Tract: 0021. Tract: 0022. Tract: 0023. Tract: 0024. Tract: 0025. Tract: 0026. Tract: 0027. Tract: 0028. Tract: 0032. Tract: 0033.01 Tract: 0033.02 Tract: 0034. Block Group: 1 Block Group: 2 Tract: 0035.02 Block Group: 1 Block Group: 2 Block: 302 Tract: 0036.01 Tract: 0036.02 Tract: 0037. Tract: 0038. Tract: 0039. Block Group: 2 Block Group: 3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract: 0040.01 Block Group: 1

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Tract: 0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0042.02 Block Group: 1 Tract: 0042.03 Block Group: 1 Block Group: 2 Tract: 0043. Tract: 0044. Tract: 0045. Block: 101A, 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, 134A, 134B, 134C Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0101.01 Tract: 0101.02 Tract: 0102. Tract: 0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B, 213 Tract: 0105.02 Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract: 0106.01 Tract: 0106.03 Tract: 0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Tract: 0106.99 Tract: 0107.98 Tract: 0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144, 145B, 146, 147, 148, 149 Tract: 0111.01 Block Group: 1 Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block Group: 4 Block Group: 5

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Tract: 0112.98 District No. 34 CLAYTON Tract: 0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0404.05 Block: 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228 Block Group: 3 Tract: 0404.06 Block: 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 227, 228 Tract: 0405.05 Block: 601A Block: That part of 601B which lies south of a branch of Camp Creek Block: 602, 603, 604, 605, 606, 607, 608, 699A, 609B, 610A, 610B, 611, 612, 613, 614 Tract: 0405.06 Block: 207B, 207C, 207D Block Group: 4 Tract: 0405.07 Tract: 0405.08 Tract: 0406.03 Block Group: 1 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0406.04 Tract: 0406.05 Block: 204, 207A, 207B, 235 Block Group: 3 Block: 504, 506, 514, 515, 516 Tract: 0406.06 Tract: 0406.07 Tract: 0406.08 DOUGLAS Tract: 0801.98 Tract: 0802. Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228 Block Group: 3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract: 0806.01

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Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0806.02 Tract: 0807.97 FAYETTE Tract: 1401.01 Tract: 1401.02 Tract: 1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 401, 402, 403B, 403C, 406, 407, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B Tract: 1404.01 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A Block Group: 5 Tract: 1404.02 Block Group: 1 Block Group: 2 Block Group: 3 FULTON Tract: 0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, Block: 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840 Tract: 0104. District No. 44 CLAYTON Tract: 0401. Tract: 0402. Tract: 0403.01 Tract: 0403.02 Tract: 0403.03 Tract: 0403.04 Tract: 0403.05 Tract: 0404.01 Tract: 0404.02 Tract: 0404.03 Block Group: 1 Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C, 215, 216, 219, 225, 226, 227, 228, 229

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Block Group: 3 Block Group: 4 Tract: 0404.05 Block Group: 1 Block: 206, 207, 227 Tract: 0404.06 Block Group: 1 Block: 201, 202, 203, 218, 219, 220, 234, 235, 236, 237 Block Group: 9 Tract: 0405.03 Tract: 0405.04 Tract: 0405.05 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: That part of 601B which lies north of a branch of Camp Creek Tract: 0405.06 Block: 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 Block Group: 3 Tract: 0406.03 Block Group: 2 Block Group: 3 Block Group: 7 Block Group: 9 Tract: 0406.05 Block: 201, 202, 203A, 203B, 205A, 205B, 206A, 206B, 208, 226, 230, 231, 232, 233, 236, 237, 238, 239, 240, 241, 243 Block Group: 4 Block: 501, 502, 503, 505, 507, 508, 509, 510, 511, 512, 513 Approved April 1, 1999. COURTSSUPERIOR COURTS; SOUTHWESTERN JUDICIAL CIRCUIT; ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 31 (House Bill No. 292). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a third

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judge of the superior courts of the Southwestern Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, county supplement, and expense allowance of said judge; to authorize the judges of the superior courts of said circuit to adopt, promulgate, amend, and enforce rules of practice and procedure in the courts in such circuit and to provide for the allocation of the work and duties in transacting the business of said courts; to provide for the judge senior in term of continuous service to be the chief judge; to provide for the chief judge to make appointments provided for by law; to provide for writs and other official papers and the return thereof; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, is amended by striking paragraph (36) and inserting in its place a new paragraph to read as follows: (36) Southwestern Circuit.....3 SECTION 2 . One additional judge of the superior courts is added to the Southwestern Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 3 . Said additional judge shall be appointed by the Governor for a term of office beginning on January 1, 2000, and continuing through December 31, 2000, and until that judge's successor is elected and qualified. That judge's successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2000, for a term of four years beginning on the first day of January, 2001, and until that judge's successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state. SECTION 4 . The additional judge of the superior courts of the Southwestern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction,

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privileges, and immunities of the present judges of the superior courts of this state. SECTION 5 . The compensation, salary, county supplement, and expense allowance for such additional judge shall be the same as that of the other judges of the superior courts of the Southwestern Judicial Circuit. SECTION 6 . Upon and after qualification of the additional judge of the superior court for the Southwestern Judicial Circuit of Georgia, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among the judges in respect hereof, the decision of the senior judge in point of service shall be controlling. SECTION 7 . The judge of the court, senior in term of continuous service, shall be the chief judge of the court. The power to make all appointments, whenever the law provides for the superior court judges to make appointments, shall vest in the chief judge, unless otherwise provided by law. SECTION 8 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Southwestern Judicial Circuit may bear teste in the name of any judge of the Southwestern Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. SECTION 9 . Northing 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 10 . (a) For the purpose of appointing the initial additional judge pursuant to Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) Except as provided in subsection (a) of this section, this Act shall become effective January 1, 2000. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999. ELECTIONSELECTIONS AND PRIMARIES GENERALLY; VARIOUS PROVISIONS. Code Title 21, Chapter 2 Amended. No. 32 (House Bill No. 530). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change provisions relating to qualifying fees; to clarify the computation of time provision; to provide that certain persons who hold elective office cannot simultaneously serve as an election superintendent; to provide that in municipal special elections certain notice requirements shall not apply; to provide that notice of write-in candidacy shall be filed and published; to clarify provisions relating to designation of office sought in certain elections; to limit the number of offices an individual may run for in a primary, election, or special election; to change provisions relating to the determination of the residence of a person registering to vote; to change provisions relating to mailing notice to ineligible or deceased electors; to clarify provisions relating to the way to qualify as an absentee elector; to change certain provisions relating to requesting absentee ballots; to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots and for the purpose of voting absentee ballots; to provide for the disposition of rejected absentee ballots; to change provisions relating to permissible activities of poll watchers; to change provisions relating to the counting of ballots in counties using vote recorders; to change provisions relating to the number of votes required for election in certain municipalities; to provide that offering or receiving something of value for the purposes of voting or registering is a felony; to make conforming and housekeeping changes relating the 1998 merger of the general and municipal election codes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking subsection (d)

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of Code Section 21-2-5, relating to qualifications of candidates, and inserting in lieu thereof the following: (d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the Secretary of State shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check. (e) 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; (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. SECTION 2 . Said chapter is further amended by striking Code Section 21-2-14, relating to the computation of time, and inserting in lieu thereof the following:

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21-2-14. Unless otherwise stated in a specific Code section of this chapter, 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. SECTION 3 . Said chapter is further amended by striking Code Section 21-2-76, relating to eligibility of persons holding elective office or office in a political party to serve as an election superintendent, and inserting in lieu thereof the following: 21-2-76. No person who holds elective 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 but excluding the office of probate judge, shall be eligible to serve as county or municipal election superintendent during the term of such elective office; and the position of any election superintendent other than a probate judge shall be deemed vacant upon such superintendent's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state. SECTION 4 . Said chapter is further amended by striking subsection (a) of Code Section 21-2-131, relating to the fixing, publishing, and manner of payment of qualifying fees, and inserting in lieu thereof the following: (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 county or municipal 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; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried

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office, a reasonable fee shall be set by the 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. SECTION 5 . Said chapter is further amended by striking subsection (c) of Code Section 21-2-132, relating to filing a notice of candidacy, and inserting in lieu thereof a new subsection (c) to read as follows: (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

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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 (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. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. SECTION 6 . Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to notice of intent of write-in candidacy, and inserting in lieu thereof the following: (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 filed and published 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

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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, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election. SECTION 7 . Said chapter is further amended by striking Code Section 21-2-135, relating to the designation of specific office sought when the office has multiple officeholders with the same title, and inserting in lieu thereof the following: 21-2-135. (a) (1) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall designate the specific office he or she is seeking, 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 each time such candidate qualifies with his or her party in the case of a primary, files a notice of candidacy in the case of an election or a nonpartisan primary, or files a notice of candidacy as a write-in candidate. 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. (2) In the case of a candidate, including a write-in candidate, seeking one of two or more municipal public offices, each having the same title and each being filled at the same election by the vote of the same electors, the applicable municipal charter or ordinance provisions shall govern whether such candidate shall designate the specific office he or she is seeking. If required to designate the specific office, the candidate shall name his or her incumbent or give other appropriate designation as specified in the charter or ordinance. Such designation shall be entered on the ballot and ballot labels in such manner that in

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the ensuing municipal primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. (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. SECTION 8 . Said chapter is further amended by striking Code Section 21-2-136, relating to the restriction on the number of offices for which an individual may be nominated or a candidate in any one election, and inserting in lieu thereof the following: 21-2-136. No person shall be nominated, nor shall any person be a candidate in a primary, election, or special election, for more than one of the following public offices to be filled at any one election or special 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, members of the Senate and House of Representatives of the General Assembly, any elected county officer, and any elected municipal officer. SECTION 9 . Said chapter is further amended by striking paragraphs (12) and (13) of subsection (a) of Code Section 21-2-217, relating to rules for determining the residence of a person desiring to register to vote, and inserting in lieu thereof the following: (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; (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; and (14) The county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the county or municipality of the person's residence.

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SECTION 10 . Said chapter is further amended by striking Code Section 21-2-231, relating to lists of persons unqualified to vote and removal of and notice to such persons, and inserting in lieu thereof a new Code section to read as follows: 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 all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons, other than those persons who are deceased, by first-class mail. (e) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board.

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SECTION 11 . Said chapter is further amended by striking subsection (a) of Code Section 21-2-381, relating to application and eligibility for absentee ballots, and inserting in lieu thereof the following: (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. 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 for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom to 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. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting

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therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (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. (3) Any application for an official absentee ballot that is distributed by a person, entity, or organization shall require a voter to identify thereon which one of the legally acceptable categories of absentee electors listed in Code Section 21-2-380 authorizes the voter to vote by absentee ballot. SECTION 11A . Said chapter is further amended by striking subsection (a) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, and inserting in lieu thereof the following: (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, a government service center providing general government services, or another government building generally accessible to the public. SECTION 12 . Said chapter is further amended by striking Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, and inserting in lieu thereof the following: 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, obtain, and deliver an adequate supply of official absentee ballots to the board of

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registrars or absentee ballot clerk for use in the primary or election. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board or clerk 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 or absentee ballot clerk on the day prior to a primary or election. The date a ballot is voted in the registrars' or absentee ballot clerk's 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 or clerk 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 or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk 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. (b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk 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 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 or absentee ballot clerk. 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

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County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. 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 abovenamed elector in marking such elector's absentee ballot as such elector personally communicated such elector's presently possesses the disability noted below; and that by reason of such disability such elector is entitledto receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the day of . 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.

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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 or absentee ballot clerk 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. SECTION 13 . Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after the primary or election, and inserting in lieu thereof a new Code section to read as follows: 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 rejected 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 rejected. SECTION 14 . Said chapter is further amended by striking subsection (d) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof the following: (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

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managers, poll watchers are prohibited from talking to voters, checking electors lists, using photographic or other electronic monitoring or recording devices, or participating in any 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 either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher. SECTION 15 . Said chapter is further amended by striking Code Section 21-2-411, relating to the return and retention of checked lists of electors and voter's certificates to the registrars, and inserting in lieu thereof the following: 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 five years, and the same shall be available for public inspection. SECTION 16 . Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-2-471, relating to the counting of ballots and the printing and posting of returns in precincts using vote recorders, and inserting in lieu thereof the following: (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 a 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 or other locations designated by the superintendent as provided in subsection (c) of this Code section shall be open to the view of the public, but no person

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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 a tabulating machine center or such other location or locations designated by the superintendent for this purpose, 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. In no event shall a ballot container be opened at such other location or locations. The ballot container shall only be opened and the ballots counted at a tabulating machine center. 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. SECTION 17 . Said chapter is further amended by striking subsection (b) of Code Section 21-2-501, relating to the number of votes required for election, and inserting in lieu thereof the following: (b) For the purposes of this subsection and notwithstanding the provisions of paragraph (22) of Code Section 21-2-2, the word `plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. 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. SECTION 18 . Said chapter is further amended by striking Code Section 21-2-570, relating to vote buying and selling, and inserting in lieu thereof a new Code section to read as follows: 21-2-570. Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony. SECTION 19 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1999.

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COURTSSUPERIOR COURTS; TOWALIGA JUDICIAL CIRCUIT; CREATION; FLINT JUDICIAL CIRCUIT; COUNTIES. Code Sections 15-6-1, 15-6-2, and 15-6-3 Amended. No. 34 (Senate Bill No. 117). AN ACT To create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of such judges; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judges and district attorney to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge and district attorney from funds of Butts, Lamar, and Monroe counties; to provide for effective date provisions with respect to certain local Acts relating to salary supplements; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide facilities, office space, supplies, equipment, and personnel for said judges and district attorney; to declare inherent authority; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to change the number of judges in the Flint Judicial Circuit; to provide for the judges of the superior court and the terms of court in such circuits; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) Effective July 1, 1999, there is created a new judicial circuit of the superior courts of this state, to be known as the Towaliga Judicial Circuit, which circuit shall be composed of the Butts, Lamar, and Monroe counties. The offices of judge of the superior court and district attorney of the Towaliga Judicial Circuit are created for said circuit. (b) The superior court judge who formerly served in the Flint Judicial Circuit and who is a resident of Lamar County shall become the initial judge of the Towaliga Judicial Circuit and shall complete the term for which elected and shall serve until a successor is elected and qualified. (c) The initial district attorney of the Towaliga Judicial Circuit shall be appointed by the Governor for a term of office beginning July 1, 1999, and

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continuing through December 31, 2000, and shall serve until a successor is elected and qualified. (d) 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. (e) The compensation and allowances of the judge and district attorney of said circuit shall be as now or hereafter provided by law. (f) All civil, equitable, and criminal proceedings and litigations pending in the superior courts of Butts, Lamar, and Monroe counties at such time as they were a part of the Flint 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 counties shall relate to, become a part of, and be transferred to the appropriate superior courts of the Towaliga Judicial Circuit and its jurisdiction when such circuit comes into existence. SECTION 2 . (a) Effective July 1, 1999, the Flint Judicial Circuit, which was formerly composed of Butts, Henry, Lamar, and Monroe counties, shall continue in existence and shall be composed solely of Henry County. (b) The superior court judges serving in the Fling Judicial Circuit and who are residents of Henry County shall continue in office as judges of the Flint Judicial Circuit, shall complete the terms for which elected, and shall serve until their successors are elected and qualified. (c) The district attorney serving in the Flint Judicial Circuit and who is a resident of Henry County shall continue in office as district attorney of the Flint Judicial Circuit, shall complete the term for which elected, and shall serve until a successor is elected and qualified. SECTION 3 . Every person who shall offer for nomination and election as judge of the superior courts of the Towaliga Judicial Circuit of Georgia shall designate with the proper authority in all general elections the specific judgeship for which he or she is offering as a candidate by naming the incumbent judge whom he or she desires to succeed, and thereupon he or she shall be qualified, if otherwise qualified to offer as a candidate for said specific judgeship and no other. In the event there is no incumbent judge in the place for which such person desires to offer, the candidate shall qualify by

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announcing his or her intention to offer as a candidate for the office for which there is no incumbent. SECTION 4 . The judge of the superior courts of the Towaliga Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of such courts may preside over any cause, whether in his or her own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 5 . The initial judge of the Towaliga Judicial Circuit shall be the chief judge of the Towaliga Judicial Circuit. In the event one or more judgeships are added to such circuit, the chief judge shall be the judge of such circuit who is senior in length of continuous service as a superior court judge. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the superior courts of such circuit, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by such chief judge and filed in the office of the clerk of the superior court of Butts, Lamar, and Monroe counties, shall be binding upon the other judge or judges of such circuit. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the superior court of such circuit and the duties of the judges thereof; may assign to the other judges of such circuit such of the business of such circuit as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerk of the court of such circuit and from other judges of such circuit relative to business of the courts; and generally shall supervise and direct the disposition of all business, both civil and criminal, of such courts. SECTION 6 . (a) (1) The compensation, salary, and expense allowance for the judge and district attorney of the superior courts of the Towaliga Judicial Circuit shall be the same as that provided by the State of Georgia for other judges and district attorneys of the superior courts of Georgia. (2) Such judge, district attorney, and chief assistant district attorney shall receive initial local salary supplements in the same amount heretofore prescribed by law for the other judges, district attorney, and chief assistant district attorney of the superior courts of the Flint Judicial Circuit, and such supplements shall be paid proportionally

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from the funds of Butts, Lamar, and Monroe counties. Such supplements may thereafter be altered by local law applicable to the Towaliga Judicial Circuit but may not be diminished or withdrawn during a term of office. (b) The compensation, salary, and expense allowance for the judges and district attorney of the superior courts of the Flint Judicial Circuit shall be the same as that provided by the State of Georgia for other judges and district attorneys of the superior courts of Georgia. (c) Such judges, district attorney, and chief assistant district attorney shall continue to receive local salary supplements in the same amount heretofore prescribed by law for the other judges, district attorney, and chief assistant district attorney of the superior courts of the Flint Judicial Circuit, and such supplements shall be paid from the funds of Henry County. Such supplements may thereafter be altered by local law applicable to the Flint Judicial Circuit but may not be diminished or withdrawn during a term of office. (d) Any local Acts required to maintain the current salary supplements received by the judges of the Flint Judicial Circuit and the Towaliga Judicial Circuit so as to comply with the provisions of Article VI, Section VII, Paragraph V of the Constitution of this state shall become effective July 1, 1999, notwithstanding any provision of Code Section 1-3-4.1 to the contrary. SECTION 7 . All writs, processes, orders, subpoenas, and other official papers issuing out of the superior courts of the Towaliga Judicial Circuit may bear teste in the name of any judge of said Towaliga Judicial Circuit. When issued by and in the name of any judge of such circuit, they shall be fully valid and may be determined before any judge in the regular course of business of such courts. Any judge of such courts may preside over any cause therein and perform any official act as judge thereof. SECTION 8 . The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of such circuit. Any of such judges shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time. SECTION 9 . (a) The board of commissioners of Butts, Lamar, and Monroe counties shall furnish all judges and district attorneys of the courts of the Towaliga Judicial Circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of

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the expenditures authorized in this Act are declared to be an expense of court and payable out of the county treasury as such. (b) The board of commissioners of Henry County shall continue to furnish all judges and district attorneys of the courts of the Flint Judicial Circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of court and payable out of the county treasury as such. SECTION 10 . Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges or district attorney provided by the Constitution and statutes of the State of Georgia. SECTION 11 . Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (18) of Code Section 15-6-1, relating to composition of the judicial circuits, and inserting in its place a new paragraph (18) to read as follows: (18) Flint Judicial Circuit, composed of the County of Henry; . SECTION 12 . Said chapter is further amended in Code Section 15-6-1, relating to composition of the judicial circuits, by adding a new paragraph immediately following paragraph (40), to be designated paragraph (40.1) to read as following: (40.1) Towaliga Judicial Circuit, composed of the Counties of Butts, Monroe, and Lamar; . SECTION 13 . Said chapter is further amended in Code Section 15-6-2, relating to the number of judges, by striking paragraph (18) and inserting in its place a new paragraph (18) to read as follows: (18) Flint Circuit.....2 SECTION 14 . 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 (40.1) to read as follows: (40.1) Towaliga Circuit.....1

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SECTION 15 . Said chapter is further amended by striking paragraph (18) of Code Section 15-6-3, relating to terms of court, and inserting in its place a new paragraph (18) to read as follows: (18) Flint Circuit: Henry CountyFourth Monday in January, April, and October and second Monday in July., and by adding a new paragraph (40.1) to read as follows: (40.1) Towaliga Circuit: (A) Butts CountyFirst and second Mondays in February and November; first Monday in May; and third and fourth Mondays in August. (B) Lamar CountyFirst and second Mondays in March, June, and December and second and third Mondays in September. (C) Monroe CountyThird and fourth Mondays in February, May, and November and first and second Mondays in August. SECTION 16 . This Act shall become effective on July 1, 1999. SECTION 17 . All laws and parts of laws in conflict with this Act are repealed. February 11, 1999 The Honorable Mike Crotts State Senator Legislative Office Building, Suite 304-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 117(LC 18 9304) Dear Senator Crotts: This bill would create a new judicial circuit, the Towaliga Judicial Circuit. The Towaliga Judicial Circuit, which would consist of Butts, Lamar, and Monroe Counties, would have one superior court judge and a district attorney. The bill specifies that one of the judges of the current Flint Judicial Circuit (which consists of Butts, Henry, Lamar, and Monroe Counties) would become the judge in the Towaliga Circuit. The bill also provides for compensation, salary and expense allowances for the judge and district attorney of the Towaliga Circuit to be paid by the State. In addition, Butts, Lamar, and Monroe Counties would pay a salary supplement

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and other costs. Finally, the number of judges in the remaining Flint Circuit (Henry County) would be reduced by one. This fiscal impact of this bill to the State would be between approximately $282,000 and $421,000 annually. These costs include salaries and benefits of approximately $278,000 to $417,000 for a district attorney, an assistant district attorney, two secretaries for the district attorney's office, an investigator and a law clerk. The remaining $4,000 of the total cost of this bill is estimated travel expenses for the positions listed above. Butts, Lamar, and Monroe Counties would be responsible for additional costs of the new Towaliga Judicial Circuit. Because the Judges of the current Flint Judicial Circuit are based in Henry County, additional costs for equipment, facilities and supplies would be incurred by Butts, Lamar, and Monroe counties. Sincerely, s/Claude L. Vickers State Auditor s/Tim Burgess, Director Office of Planning and Budget CLV/TB/als NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of such judges; to provide for a chief judge and to prescribe his or her powers, duties and privileges; to prescribe the compensation, salary and expense allowances of said judges and district attorney to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge and district attorney from funds of Butts, Lamar and Monroe counties; to provide for effective date provisions with respect to certain local acts relating to salary supplements; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide facilities, office space, supplies, equipment and personnel for said judges and district attorney; to declare inherent authority; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial

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circuit; to change the number of judges in the Flint Judicial Circuit; to provide for the judges of the superior court and the terms of court in such circuits; to provide for other matters relative to the foregoing; to provide for an effective date; and for other purposes. This 3rd day of February, 1999. /s/Larry Smith Representative Larry Smith 109th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts, who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Herald-Gazette which is the official organ of Lamar County on the following date: February 16, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. [UNK] The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE D. CROTTS Senator, 17th District Sworn to and subscribed before me, this 22nd day of February, 1999.

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s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and district attorney and for the transfer of proceedings to such circuit; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of such judges; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judges and district attorney to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge and district attorney from funds of Butts, Lamar, and Monroe counties; to provide for effective date provisions with respect to certain local Acts relating to salary supplements; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide facilities, office space, supplies, equipment, and personnel for said judges and district attorney; to declare inherent authority; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to change the number of judges in the Flint Judicial Circuit; to provide for the judges of the superior court and the terms of court in such circuits; to provide for other matters relative to the foregoing; to provide for an effective date; and for other purposes. This 3rd Day of February, 1999. Representative Larry Smith 109th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts, who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County on the following date: February 10, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. [UNK]The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE D. CROTTS Senator, 17th District Sworn to and subscribed before me, this 15th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Curtis S. Jenkins 110th District NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit; to require candidates for such judgeships to designate the places for which they are running; to

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prescribe the powers, duties, jurisdiction, privileges, and immunities of such judges; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judges and district attorney to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge and district attorney from funds of Butts, Lamar, and Monroe counties; to provide for effective date provisions with respect to certain local Acts relating to salary supplements; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide facilities, office space, supplies, equipment, and personnel for said judges and district attorney; to declare inherent authority; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to change the number of judges in the Flint Judicial Circuit; to provide for the judges of the superior court and the terms of court in such circuits; to provide for other matters relative to the foregoing, to provide for an effective date; and for other purposes. This 12th day of February, 1999. /s/Curtis S. Jenkins Representative Curtis S. Jenkins 110th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts, who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on the following date: February 17, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. [UNK]The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE D. CROTTS Senator, 17th District Sworn to and subscribed before me, this 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create a new judicial circuit for the State of Georgia to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of such judges; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowances of said judges and district attorney to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge and district attorney from funds of Butts, Lamar, and Monroe counties; to provide for effective date provisions with respect to certain local Acts relating to salary supplements; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide facilities, office space, supplies, equipment, and personnel for said judges and district attorney; to declare inherent authority; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to change the number of judges in the Flint Judicial Circuit; to provide for the judges of the superior court and the terms of court in such circuits; to provide for other matters relative to the foregoing; to provide for an effective date; and for other purposes. This 9th day of February, 1999

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Senator Mike D. Crotts 17th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts, who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on the following date: February 12, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. [UNK]The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE D. CROTTS Senator, 17th District Sworn to and subscribed before me, this 23rd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999.

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LOCAL GOVERNMENTCOUNTIES AND MUNICIPAL CORPORATIONS; LEASES FOR WASTE-WATER TREATMENT SYSTEMS, STORMWATER SYSTEMS, WATER SYSTEMS, AND SEWER SYSTEMS. Code Section 36-60-15.1 Enacted. No. 36 (House Bill No. 399). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its waste-water treatment system, stormwater system, water system, or sewer system, or any combination of such systems; to provide for criteria for evaluation of applicants submitting 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 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to powers of counties and municipal corporations generally, is amended by adding a new Code Section 36-60-15.1 to read as follows: 36-60-15.1. Notwithstanding any other provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 20 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, stormwater system, water system, or sewer system, or any combination of such systems. Prior to entering into a contract pursuant to this Code section, the governing authority shall first establish criteria for evaluation of any applicants bidding on such leases or contracts for the purpose of assisting the governing authority in making a review of such applicants' previous performance on projects of comparable magnitude, the environmental compliance record of such applicants, and any relevant civil or criminal penalties incurred by such applicants during the five years immediately preceding the execution of the lease or contract. The governing authority shall take into consideration such information to assist it in determining the eligibility of any applicant. All information required by the county or municipality pursuant to this Code section shall be provided by the applicant under oath. For

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purposes of this Code section, `applicant' means any individual, firm, association, or corporation. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming a law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1999. OFFICIAL CODE OF GEORGIA ANNOTATEDCODE REVISION; REENACTMENT; CORRECTIONS; TERMS OF SUPERIOR COURT IN HOUSTON JUDICIAL CIRCUIT. No. 37 (House Bill No. 261). 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 repeal portions of the Code which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; 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 revise the terms of superior courts in certain counties; 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 . Reserved. SECTION 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:

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(1) By striking and is a public school or a private school and inserting in its place and which are public schools or private schools in paragraph (2) of subsection (a) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites. SECTION 4 . Reserved. SECTION 5 . Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) By striking , 19 and inserting in its place (date) , and by striking Dated:, 19 and inserting in its place Dated: in the form in subsection (a) of Code Section 5-3-21, relating to notice of appeal to the superior court, form, and service. (2) By striking , 19 and inserting in its place (date) , and by striking Dated:, 19 and inserting in its place Dated: each time they appear in the forms in subsections (b) and (d) of Code Section 5-5-42, relating to the forms for motion for a new trial in civil and criminal cases. (3) By striking , 19 and inserting in its place (date) , and by striking Dated:, 19 and inserting in its place Dated: each time they appear in the forms in paragraphs (1) through (3) of Code Section 5-6-51, relating to the forms used in appeals to the appellate courts. SECTION 6 . Reserved. SECTION 7 . Title 7 of the Official Code of Georgia Annotated, relating banking and finance, is amended as follows: (1) By striking (3), (4), (5), (6), and (9) and inserting in its place (4), (5), (6), (7), and (10) in paragraph (6) of subsection (b) of Code Section 7-1-532, relating to execution, contents, and filing of articles of merger or consolidation, notice of merger or consolidation, and filing amendment. (2) By striking (3), (4), (5), (6), and (9) and inserting in its place (4), (5), (6), (7), and (10) in paragraph (6) of subsection (b) of Code Section 7-1-551, relating to national bank to state bank or trust company conversions, mergers, and consolidation and articles of conversion, merger, or consolidation.

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SECTION 8 . Reserved. SECTION 9 . Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in Code Section 9-10-200, relating to action for recovery of realty and mesne profits. (2) By striking , 19 and inserting in its place , in the form in Code Section 9-10-202, relating to action to recover money on a judgment. (3) By striking , 19 and inserting in its place , in the form in Code Section 9-10-203, relating to action for breach of warranty in deed. (4) By striking , 19 and inserting in its place , in the form in Code Section 9-10-204, relating to action for words. (5) By striking , 19 and inserting in its place , in the form in Code Section 9-11-119, relating to the form of motion to dismiss, presenting defense of failure to state a claim. (6) By striking , 19 and inserting in its place , in the form in Code Section 9-11-124, relating to the form of motion for production of documents under Code Section 9-11-34. (7) By striking , 19 and inserting in its place , in the form in Code Section 9-11-131, relating to the form of judgment on a jury verdict. (8) By striking , 19 and inserting in its place , in the form in Code Section 9-11-132, relating to the form of judgment on a decision by the court. (9) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 9-14-6, relating to the form of a writ. (10) By striking vexations and inserting in its place vexatious in subsection (a) and by striking pleading and, and inserting in its place pleading, and, in subsection (d) of Code Section 9-15-15, relating to attorney's fees and expenses assessed in civil actions brought against judicial officers.

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SECTION 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking the semicolons and inserting periods in their place at the end of subsections (b), (c), and (d); by striking , 19 and inserting in its place (date) , and by deleting the comma following spa in the first undesignated paragraph in the form in subsection (e); and by inserting a comma following including in subparagraph (i)(I)(C) of Code Section 10-1-393.2, relating to requirements for health spas. (2) By striking , 19 and inserting in its place , each time it appears in the written rental agreement in Code Section 10-4-213, relating to enforcement of a lien without judicial intervention. (3) By striking , 19 and inserting in its place , and by striking Dated:, 19 and inserting in its place Dated: in the form in Code Section 10-6-142, relating to the statutory form for financial power of attorney. SECTION 11 . Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows: (1) By inserting shall be known and preceding may be cited in Code Section 11-8-101, relating to the Uniform Commercial CodeInvestment Securities. SECTION 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By inserting and at the end of paragraph (6) of subsections (e) and (g) and by replacing the period with ; and at the end of paragraph (2) of subsection (f) of Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally. (2) By inserting Section following U.S.C. in subparagraph (d)(4)(C) and by inserting Sections preceding 4321-4347 and Section preceding 470 in subsection (n) of Code Section 12-3-55, relating to general provisions and preservation of state owned historic properties. (3) By striking paragraph (c) and inserting in its place subsection (c) of this Code section in the introductory language of subsection (b)

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and by striking the period and inserting in its place ; and at the end of paragraph (1) of subsection (e) of Code Section 12-5-23.3, relating to notice, privatization, oversight committee, and penalties. 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 , 19 and inserting in its place , in the form in Code Section 14-4-101, relating to issuance of certificate of amendment to acquire powers and form. (2) By striking , 19 and inserting in its place , in the form in Code Section 14-4-102, relating to issuance of certificate of amendment to surrender powers and form. (3) By striking , 19 and inserting in its place , in the form in Code Section 14-4-121, relating to issuance of certificate of change of name, principal office, capital stock, or number of directors. SECTION 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking Georgia or Judge of the Court of Appeals or any superior and inserting in its place Georgia, Judge of the Court of Appeals, superior, by striking Justice on and Judge on and inserting in their place Justice of and Judge of each time they appear, and by deleting the comma following superior court in subsection (a.1) of Code Section 15-1-9.2, relating to senior judge status, request for assistance of senior judge, and compensation. (2) By striking empaneled and inserting in its place impaneled each time it appears in subsection (b) of Code Section 15-1-12, relating to compensation of probate court judges and clerks for certain services, submission of claims to grand jury, and assessment. (2.1) By striking paragraph (21) of Code Section 15-6-3, relating to terms of the superior courts, and inserting in its place the following: (21) Houston Circuit: Houston CountyFirst Monday in January, April, July, and October. (3) By inserting of Georgia after Judges in subsection (j) of Code Section 15-6-27, relating to alternative procedure for hiring personnel

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employed by superior court judges, authority, duties, uniform policies, rules, and regulations, leave, salaries, expenses, supplies, local supplements, and county employees. (4) By striking and at the end of paragraph (14) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally and use of computerized record-keeping system. (5) By striking 15-6-92 and inserting in its place 15-6-91 and this Code section in Code Section 15-6-92, relating to continuation of fee system. (6) By striking case by case and inserting in its place case-by-case in subsection (d) of Code Section 15-9-1.1, relating to required training courses, filing of certificate of completion, effect of failure to meet training requirements, and payment of and reimbursement of expenses. (7) By striking vs. and inserting in its place v. and by striking , 19 and inserting in its place , in the form in Code Section 15-10-48, relating to the form of statement of claim, verification, and notice. (8) By striking vs. and inserting in its place v. and by striking , 19 and inserting in its place , in the form in Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, form, contempt, and authorized discovery procedures. (9) By striking President and inserting in its place president in subsection (a) of Code Section 15-10-132, relating to creation of Georgia Magistrate Courts Training Council. (10) By striking Human Resources and inserting in its place Juvenile Justice in paragraph (1) of subsection (a) of Code Section 15-11-9.1, relating to intake and probation services of juvenile courts. (11) By striking the comma after the word jail in subsection (d) of Code Section 15-11-20, relating to place of detention, capital offenders, deprived children, and record of detention. (12) By inserting a comma preceding relating to in subparagraph (a)(2)(C.1) of Code Section 15-11-37, relating to designated felony acts, definitions, and restrictive custody disposition. (13) By striking subsection (a) of Code Section 15-12-83, relating to attendance of stenographer at grand jury proceeding and use of recording device in lieu of stenographer, and inserting in its place the following: (a) This Code section shall apply to all counties of this state which according to the United States decennial census of 1970 or any future such census have a population of 150,000 or more.

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(14) By striking Code Section 15-14-36, relating to penalties for violations, and inserting in its place the following: 15-14-36. Any person who: (1) Represents himself or herself as having received a certificate or temporary permit as provided for in this article or practices as a certified court reporter, without having received a certificate or temporary permit; (2) Continues to practice as a court reporter in this state or uses any title or abbreviation indicating he or she is a certified court reporter, after his or her certificate has been revoked; or (3) Violates any provision of this article or of subsection (c) or (d) of Code Section 9-11-28 shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor. (15) By striking Code Section 15-16-27, relating to deposit by sheriff in certain counties of cash bonds and reserves of bondspersons in interest-bearing accounts and disposition of interest, and inserting in its place a new Code Section 15-16-27 to read as follows: 15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Indigent Defense Council.

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(16) By striking expressed and inserting in its place express in Code Section 15-16-51, relating to use of sheriff's office name. (17) By inserting and at the end of paragraph (2) of subsection (b) of Code Section 15-18-14, relating to assistant district attorneys, appointment, qualifications, compensation, personnel actions, and transfers and promotions. (18) By striking years and inserting in its place years' in paragraph (4) of subsection (e) of Code Section 15-18-14.1, relating to district attorney investigators. (19) By striking across the board and inserting in its place across-the-board in paragraph (1) of subsection (e) of Code Section 15-18-19, relating to state paid personnel, powers, policies relating to, authorized leave, and salary schedules. SECTION 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking of this article in paragraph (1) of Code Section 16-3-20, relating to justification. (2) By striking Title 16 and inserting in its place this title in Code Section 16-3-24.2, relating to immunity from prosecution and exception. (3) By designating paragraph (1) as paragraph (2) and paragraph (2) as paragraph (1) in subsection (a) of Code Section 16-5-45, relating to interference with custody. (4) By striking 19-3-4 and 19-3-5 and inserting in their place 19-13-4 and 19-13-5 from subsection (e) of Code Section 16-5-94, relating to restraining orders and protective orders. (5) By deleting Part 4 of Article 2 of from subparagraph (c) (2) (B) and (c) (2) (C) of Code Section 16-8-41, relating to armed robbery, robbery by intimidation, and taking controlled substance from pharmacy in course of committing offense. (6) By deleting or from the end of subparagraph (G) and inserting or at the end of subparagraph (I) of paragraph (2) of Code Section 16-9-121, relating to elements of offense. (7) By designating paragraph (1) as paragraph (2) and paragraph (2) as paragraph (1) of subsection (a) of Code Section 16-10-24.2, relating to obstructing or hindering emergency medical technicians or emergency medical professionals and criminal penalty. (8) By striking Brady Handgun Violence Protection Act and inserting in its place Brady Handgun Violence Prevention Act in subsection (b)

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of Code Section 16-11-170, relating to intent to provide state background check law and construction of part. (9) By striking 5 and inserting in its place five in paragraph (4) of subsection (a) and by inserting of this Code section following (a) in subsection (b) of Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalties. (10) By striking ; provided, further, that the and inserting in its place . The in subparagraph (a) (2) (B) of Code Section 16-12-171, relating to prohibited acts. (11) By adding a comma after chapter in paragraph (1) of subsection (a) of Code Section 16-13-1, relating to drug related objects. (12) By striking 26-4-4 and inserting in its place 26-4-130 in subsection (g) of Code Section 16-13-41, relating to prescriptions. (13) By striking Part 4 of Article 2 of from subsection (c) of Code Section 16-13-46, relating to administrative inspections and warrants. (14) By deleting paragraph (65.5) of subsection (b) of Code Section 16-13-71, relating to dangerous drug defined, containing a definition which is later defined in paragraph (68.3) and by redesignating paragraphs (853), (854), and (854.5) as paragraphs (854), (853), and (853.5), respectively. (15) By striking the amount specified in Code Section 26-4-112 and inserting in its place $1,500.00 in subsection (c) of Code Section 16-13-72.1, relating to revocation of dangerous drug permits and forfeiture. (16) By striking the (xxxiii) designation and inserting in its place a new (xxxiii) designation in subparagraph (9) (A) (xxxiii) of Code Section 16-14-3, relating to definitions relative to racketeer influenced and corrupt organizations. (17) By striking subsection and inserting in its place paragraph in paragraph (1) of Code Section 16-15-3, relating to definitions relative to street gang terrorism and prevention. SECTION 17 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in paragraph (3) of subsection (e) of Code Section 17-1-1, relating to filing of service of pleadings, motions, and other papers. (2) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 17-4-45, relating to the form of affidavit for an arrest warrant.

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(3) By striking year 19 and inserting in its place year in the form in Code Section 17-4-46, relating to the form of warrant for an arrest. (4) By striking requirements provide and inserting in its place requirements provided in subsection (c) of Code Section 17-4-47, relating to issuance of warrants by video conference, testimony, initial bond hearings, and oaths. (5) By striking , 19 and inserting in its place , in the form in Code Section 17-7-30, relating to the form of commitment. SECTION 18 . Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking 19 and inserting in its place each time it appears in the form in Code Section 18-3-19, relating to forms for attachment. (2) By striking beginning, 19, and inserting in its place beginning (date) ,, and by striking , 19 and inserting in its place , in the forms in paragraphs (1) through (7) of Code Section 18-4-66, relating to forms for postjudgment garnishment. (3) By striking beginning, 19, and inserting in its place beginning (date) ,, and by striking , 19 and inserting in its place , in the forms in paragraphs (1) through (3) of Code Section 18-4-118, relating to forms for continuing garnishment. SECTION 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By adding and after the semicolon in paragraph (3) of Code Section 19-3-2, relating to who may contract marriage. (2) By inserting a comma after 44-14-610 in Code Section 19-5-7, relating to transfer of property after filing of petition and lis pendens notice. (3) By striking , 19 and inserting in its place , each time it appears in the forms in subsections (a) and (c) and by inserting a colon following considered is in the sentence preceding the chart in subsection (c) of Code Section 19-5-12, relating to the form of judgment and decree.

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(4) By inserting Article 1 of preceding Chapter 6 of Title 12 and by deleting Part 3 of preceding Chapter 4 of Title 26 in paragraph (2) of subsection (a) of Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order. (5) By striking paragraph (3) of subsection (b) and inserting in its place the following: (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an `abused' child., and by striking Schoolteachers and inserting in its place School teachers in subparagraph (c) (1) (H) of Code Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report. (6) By striking the period at the end of paragraph (1) and inserting in its place ; and in Code Section 19-7-27, relating to hospital programs for establishment of paternity. (7) By adding the `Georgia Civil Practice Act,' following Title 9, in subsection (b) of Code Section 19-7-47, relating to civil action, testimony of mother and alleged father, and default judgments. (8) By striking hereof, however, and inserting in its place hereof; however, each time it appears in subsections (b) through (f) of Code Section 19-8-26, relating to how surrender of parental rights executed, how and when surrender may be withdrawn, and forms. (9) By inserting Article 1 of preceding Chapter 6 of Title 12 and by deleting Part 3 of preceding Chapter 4 of Title 26 in paragraph (9) of subsection (a) of Code Section 19-11-9.3, relating to suspension or

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denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly. (10) By striking the designations (i), (ii), and (iii) and inserting in their place (A), (B) and (C), respectively, in paragraph (1) of subsection (c) and by striking such within and inserting in its place such order within in paragraph (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation. (11) By striking Chapter 11 of Title 19 and inserting in its place this chapter in subsection (b) of Code Section 19-11-14, relating to father's liability for support of child born out of wedlock and full faith and credit to paternity determination by another state. (12) By redesignating paragraph (2) as paragraph (3) and paragraph (3) as paragraph (2) in subsection (a) of Code Section 19-11-30.2, relating to definitions and information from financial institutions. (13) By striking 19-11-30.11 and inserting in its place 19-11-30.3 or Code Section 19-11-30.6 in Code Section 19-11-30.4, relating to disclosure of information. (14) By striking payment; and inserting in its place payment; and in paragraph (3) of Code Section 19-11-58, relating to Department of Human Resources designated state information agency and duties. (15) By striking , 19 and inserting in its place , each time it appears in the form in subsection (b) of Code Section 19-12-3, relating to certificate of change of name, use as evidence, and form of certificate. (16) By striking semi-annually and inserting in its place semiannually in subsection (h) of Code Section 19-15-2, relating to child abuse protocol committee, written child abuse protocol, and training of members. (17) By inserting a comma following thereafter, by striking judiciary committees and inserting in its place Judiciary Committees, and by inserting of Representatives following House in subsection (d) of Code Section 19-15-3, relating to the death of a child, report, investigation, and annual report. (18) By striking House; and inserting in its place House of Representatives; in paragraph (10) of subsection (a) and by inserting of Representatives following House in subsection (f) of Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel. SECTION 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:

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(1) By striking with private driver and inserting in its place with a private driver in Code Section 20-2-257, relating to grants for driver education courses for secondary school students. (2) By striking Code Section 20-2-984.5 and inserting in its place this Code Section in subsection (f) of Code Section 20-2-984.5, relating to preliminary investigations, disciplinary actions, and hearings of the Professional Standards Commission. (3) By striking 20-2-790 and inserting in its place 20-2-984.5 in subsection (a) of Code Section 20-2-989.7, relating to matters not subject to complaint. (4) By striking Practices and inserting in its place Standards in subsection (c) of Code Section 20-2-1000, relating to limitation on civil damages for disciplining student, educator defined, frivolous or nonmeritorious actions, and legal counsel for the educator. (5) By striking , 19 and inserting in its place , in the form in subsection (d) and by inserting federal preceding Education in subsection (f) of Code Section 20-2-1160, relating to local boards to be tribunals to determine school law controversies, appeals, and special provisions for disabled children. (6) By striking subsection and inserting in its place Code section in the introductory language of Code Section 20-2-2067, relating to reprisals by local boards or school system employees prohibited. (7) By striking Chapter 2 of this title and inserting in its place this chapter in subsection (d) of Code Section 20-2-2068, relating to amendment and termination of a charter, allotment of funds, and annual report. (8) By striking . Provided however the and inserting in its place ; provided, however, the in paragraph (4) and by inserting of Article 1 following Part 2 and deleting Part 3 of preceding Chapter 4 in paragraph (8) of subsection (a) of Code Section 20-3-295, relating to corporation to maintain certified list of borrowers in default, administrative hearings, and appeals. (9) By striking semester's and inserting in its place semesters' in paragraph (1), by striking subsection (2) and inserting in its place paragraph (2) in subparagraphs (C) and (D) of paragraph (7), and by striking Sec. and inserting in its place Section in paragraph (25) of Code Section 20-3-519, relating to definitions relative to the HOPE scholarships and grants. (10) By striking of `The Drug-Free Postsecondary Education Act of 1990,' and inserting in its place of the `Drug-Free Postsecondary Education Act of 1990,' in paragraph (5) of Code Section 20-3-519.1, relating to ineligibility for HOPE scholarships or grants.

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(11) By striking the period and inserting in its place a semicolon at the end of paragraph (1) of subsections (c) and (d) of Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution. (12) By deleting or at the end of paragraph (2) of subsection (a) and by striking account and inserting in its place subaccount in subsection (c) of Code Section 20-3-519.7, relating to PROMISE teacher's scholarships. (13) By striking account and inserting in its place subaccount in subsection (c) of Code Section 20-3-519.8, relating to HOPE teacher's scholarships. SECTION 21 . Reserved. SECTION 22 . Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in Code Section 22-2-104, relating to the form to be used in appointing a special master. (2) By striking , 19 and inserting in its place , in the form in Code Section 22-2-105, relating to the appointment and oath of the special master. SECTION 23 . Reserved. SECTION 24 . Reserved. SECTION 25 . Title 25 of the Official Code of Georgia Annotated, relating to fire safety and protection, is amended as follows: (1) By striking 25-3-13 and inserting in its place 25-2-13 in Code Section 25-2-15, relating to buildings presenting special hazards to persons or property, issuance of temporary occupancy permits, and time limits for compliance with chapter. SECTION 26 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:

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(1) By inserting and following doves, in paragraph (3) of Code Section 26-2-410, relating to definitions relative to sale of meat, poultry, or seafood from mobile vehicles. (2) By deleting Part 6 of Article 2 of in subsection (a) of Code Section 26-3-22, relating to other laws unaffected by chapter. (3) By striking well being and inserting in its place well-being in paragraph (5), by inserting a comma following 16-13-29 in paragraph (6), by striking subparagraphs and inserting in its place subparagraph in subparagraph (D) of paragraph (12), by redesignating paragraphs (13) and (14) as paragraphs (14) and (13), respectively, by striking the semicolon and inserting in its place a period at the end of paragraph (15), by redesignating paragraphs (22) and (23) as paragraphs (23) and (22), respectively, by striking paragraph (7) and inserting in its place paragraph (6), by striking paragraph (8) and inserting in its place paragraph (7) and by striking Federal and inserting in its place federal in paragraph (35), and by striking drug-related and inserting in its place drug related in paragraph (39) of Code Section 26-4-5, relating to definitions relative to the Georgia Pharmacy Practice Act. (4) By inserting a comma following compounding in paragraph (10) and by striking board, and inserting in its place board and in paragraph (15) of subsection (a), by striking this section and inserting in its place this Code section and by striking such Act and inserting in its place such chapter twice in paragraph (2) of subsection (c), and by striking Recovery and inserting in its place recovery in the introductory language of paragraph (5) of subsection (c) of Code Section 26-4-28, relating to powers, duties, and authority of the State Board of Pharmacy. (5) By striking Chapters 3 and 4 and inserting in its place Chapter 3 of this title and this chapter in paragraph (5) of subsection (b), by striking (c) and inserting in its place (c)(1), by redesignating paragraph (1) as paragraph (2), by redesignating paragraph (2) as subsection (c.1), and by striking Chapters 3 and 4 and inserting in its place Chapter 3 of this title and this chapter in the newly redesignated paragraph (1) of subsection (c) of Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency; continuance; appointment, requirements, and duties of director; power to make arrests; report of violations of drug laws; and dangerous drug list. (6) By striking record keeping and inserting in its place record-keeping in subsection (b), by striking this article and inserting in its place Article 3 of this chapter each time it appears in subsection (i), by striking this part and inserting in its place Article 3 of this chapter in subsection (i), and by striking this part and inserting in its place Article 3 of this chapter each time it appears in subsection (k)

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of Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses. (7) By striking ten days notice of any hearing held under this subsection and inserting in its place ten days' notice of any hearing held under this Code section in Code Section 26-4-61, relating to temporary suspension of licenses, notice, and disciplinary hearings. (8) By striking schedule and inserting in its place Schedule each time it appears throughout this Code section and by adding a comma following the quantity of the drug dispensed in subsection (e) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions. (9) By striking shall sells or dispenses and inserting in its place shall sell or dispense in Code Section 26-4-89, relating to selling drugs in vending machines prohibited. (10) By deleting the comma following article in subsection (b) of Code Section 26-4-110, relating to pharmacy licenses, classifications, applications, fees, investigations, and prescription department requirements. (11) By inserting Georgia preceding Drugs in subsection (d) of Code Section 26-4-116, relating to emergency service providers, contracts with issuing pharmacy, record keeping, and inspections. (12) By inserting or her following his in paragraph (5) of subsection (a) of Code Section 26-4-144, relating to participating pharmacies, claim reimbursements, and cancellation of contracts. (13) By inserting or her following his in subsection (d) of Code Section 26-4-146, relating to administrator, registration, and bond. SECTION 27 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: () By striking the semicolons and inserting in their place periods at the end of paragraphs (13.1) and (13.2) of Code Section 27-1-2, relating to definitions relative to game and fish. (1) By striking , 19 and inserting in its place (date) , in subsection (c) of Code Section 27-2-16, relating to commercial quail breeder permits, maintenance of records by holders, and selling and transporting of pen raised quail generally. (2) By adding and at the end of paragraph (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally. (3) By striking in Code Sections 27-4-52 and 27-4-53 and inserting in its place pursuant to Code Section 27-4-51 in Code Section 27-4-6, relating to the use of minnow seines.

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(4) By striking (e) (5) (A) and (e) (5) (B) of this Code section and inserting in its place (A) and (B) of paragraph (5) of this subsection in paragraph (6) of subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers and required records. (5) By deleting at any time the second time it appears in paragraph (2) of subsection (c) of Code Section 27-4-170, relating to sport bait shrimping. 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 26-4-123 and inserting in its place 26-4-116 in Code Section 31-11-12, relating to contracts between emergency service providers and pharmacies for furnishing dangerous drugs and controlled substances. (2) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 31-36-10, relating to the form of power of attorney for health care and authorized powers. SECTION 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking Code Section 32-6-3, relating to deposit of driver's license with arresting officer in lieu of bail or incarceration, driver's failure to appear before proper judicial officer, and applicability of Code section to foreign licenses, which is impliedly repealed by Ga. L. 1996, p. 1624, Section 2; Code Section 17-6-11; effective September 1, 1998, and inserting in its place the following: 32-6-3. Reserved.

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() By deleting the (a) designation from Code Section 32-6-75.2, relating to authority of commissioner to issue permits for trimming trees and vegetation on state rights of way. SECTION 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking Code.' Such and inserting in its place Code,' which in subsection (a) of Code Section 33-20-5, relating to procedure for formation of health care corporations and regulation and supervision of corporations by Commissioner generally. (2) By striking Title 33 and inserting in its place this title in paragraph (4) and by striking purpose of this section and inserting in its place purposes of this Code section in paragraph (7) of Code Section 33-20B-2, relating to definitions relative to the Essential Rural Health Care Provider Access Act. (3) By striking Title 33 and inserting in its place this title in Code Section 33-20B-5, relating to hearing and appeal rights of denied providers. SECTION 34 . Reserved. SECTION 35 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking director or public and inserting in its place director of public in Code Section 35-10-6, relating to procedure for obtaining permission to use nomenclature or symbols and discretion of local governing body. SECTION 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking environmental or and inserting in its place or environmental in subsection (d) and by striking hereunder and inserting in its place under this Code section in subsection (e) of Code Section 36-1-19.1, relating to appropriations for charitable grants or contributions in counties having populations of 400,000 or more and boards or councils to establish procedures and advise governing authorities. (2) By striking , 19 and inserting in its place , in subsection (a) of Code Section 36-11-5, relating to the interest on orders presented and not paid.

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(3) By deleting other than municipal courts of a unified or consolidated government that have been given jurisdiction as provided in Code Section 36-32-10.2 from subsection (a) of Code Section 36-15-9, relating to collection of additional costs in court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases. (4) By inserting may be preceding leased or sold in the first sentence of subsection (d) of Code Section 36-60-21, relating to contracts with private companies to construct and operate private toll roads and bridges to facilitate public transportation without additional tax revenues. (5) By inserting United States preceding decennial in subsection (a) and by inserting rate of between average and unemployment in subsection (c) of Code Section 36-88-6, relating to criteria for enterprise zone. SECTION 37 . Reserved. SECTION 38 . Reserved. SECTION 39 . Reserved. SECTION 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By striking paragraph (3) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements and penalties. (2) By striking , 19 and inserting in its place , in the form in Code Section 40-6-374, relating to the form of adopting an ordinance. SECTION 41 . Reserved. SECTION 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By inserting and preceding employment and by striking data, and and inserting in its place data and in subparagraph (b) (3) (C), by striking the residence and inserting in its place his or her

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residence in subparagraph (d)(1)(D), and by striking herein and inserting in its place in this Code section in paragraph (3) of subsection (i) of Code Section 42-1-12, relating to State Sexual Offender Registry. SECTION 43 . Title 43 of the Official Code of Georgia annotated, relating to professions and business, is amended as follows: (1) By inserting 43-1-11 and Code Section after through each time it appears in Code Section 43-1-12, relating to the duty of joint-secretary to inform applicants of availability of veteran credit and rules and regulations for implementing veteran credit program. (2) By striking `The Professional Association Act,' and inserting in its place `The Georgia Professional Association Act,' in Code Section 43-1-24, relating to licensed professionals subject to regulation by state examining board. (3) By striking the period and inserting in its place a colon in paragraph (10) of subsection (a) of Code Section 43-10A-17, relating to enforcement of chapter. (4) By deleting the comma after structure in paragraph (1) and by striking `Dietetic Practice,' `Dietetics,' and `Medical Nutrition Therapy' and inserting in its place `dietetic practice,' `dietetics,' and `medical nutrition therapy' in the undesignated paragraph following subparagraph (E) of paragraph (4) of Code Section 43-11A-3, relating to definitions relative to the Dietetics Practice Ace. (5) By striking community/public and inserting in its place community or public in paragraph (1) of subsection (a) of Code Section 43-11A-4, relating to creation of board. (6) By striking article and inserting in its place chapter and by striking themselves and inserting in its place himself or herself in subsection (a) of Code Section 43-11A-16, relating to license requirement. (7) By inserting shall be known and after chapter in Code Section 43-13-1, relating to short title. (8) By inserting plumbers after journeyman in paragraph (12) of Code Section 43-14-2, relating to definitions. (9) By striking practices and inserting in its place practice in subparagraph (C) of paragraph (1) and by striking (professional engineers' examination) and inserting in its place (professional engineer's examination) in subparagraph (C) of paragraphs (1) through (4) in Code Section 43-15-9, relating to professional engineer certificate of registration and eligibility.

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(10) By striking in no event to exceed and inserting in its place not more than in subsection (a) of Code Section 43-15-26, relating to cease and desist orders and civil penalties for violation of order. (11) By striking subdivision and inserting in its place subdivisions in paragraph (3) of subsection (b) of Code Section 43-15-29, relating to exceptions to operation of chapter. (12) By striking `Fund raising counsel' and inserting in its place `Fundraising counsel' and by striking fund-raising and inserting in its place fundraising in paragraph (8) of Code Section 43-17-2, relating to definitions. (13) By inserting a comma after optometrist in subsection (c) of Code Section 43-29-18, relating to construction of chapter. (14) By striking one's self and inserting in its place oneself in paragraph (3) of Code Section 43-34-20, relating to definitions. (15) By striking (b.1) of Code Section 26-4-4 and inserting in its place (b) of Code Section 26-4-130 in subparagraph (b)(2)(B) and in the undesignated text at the end of paragraph (3) of subsection (b) of Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant. (16) By striking was denied and inserting in its place been denied in paragraph (5) of subsection (a), by striking the period at the end of paragraph (13) and inserting in its place a colon, by striking the period and inserting in its place a semicolon at the end of subparagraph (A) of paragraph (13), and by striking the period and inserting in its place ; and at the end of subparagraph (B) of paragraph (13) of subsection (a) of Code Section 43-34-37, relating to authority to refuse license or discipline physician and enforcement investigations. (17) By deleting Part 3 of Article 2 of in subsection (e) and by striking 26-4-2 and inserting in its place 26-4-5 in paragraph (1) of subsection (e.1) of Code Section 43-34-103, relating to application for assistant, number of assistants, new job descriptions, scope of duties, employment by nonpracticing physicians, and delegated authority. (18) By striking in 1994 and inserting in its place on July 1, 1994, and by striking governor and inserting in its place Governor in Code Section 43-35-5, relating to members of board, appointment, oath, and removal. (19) By striking Persons and inserting in its place Any person and by inserting a comma after paragraph in paragraph (2) of Code Section 43-39-7, relating to practicing without a license. (20) By striking the period and inserting in its place a semicolon at the end of paragraph (2) of subsection (b) of Code Section 43-39-8, relating to application for license.

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(21) By inserting a comma preceding provided in Code Section 43-39-20, relating to immunity from civil and criminal liability for certain good faith actions. (22) By striking 10 days and inserting in its place ten days each time it appears in subsection (b) of Code Section 43-45-24.1, relating to civil penalty, negotiated settlements, hearings and procedures, disposition of penalties, judicial review, and judgments. (23) By inserting and may be cited after known in Code Section 43-47-1, relating to short title. (24) By inserting shall be known and after chapter in Code Section 43-50-1, relating to short title. (25) By deleting Part 3 of Article 2 of from subsection (d) of Code Section 43-50-54, relating to limitations as to performance of duties. (26) By inserting shall be known and after chapter in Code Section 43-51-1, relating to short title. SECTION 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in subsection (b) of Code Section 44-2-67, relating to issuance and service of process or summons, service by publication, notice to nonresidents, request for petition, and guardians ad litem. (2) By striking , 19 and inserting in its place , in the form in Code Section 44-2-221, relating to the form of the petition to register land. (3) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 44-2-222, relating to the form of process. (4) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 44-2-223, relating to advertisement to petition to register land. (5) By striking , 19 and inserting in its place , in the form in Code Section 44-2-224, relating to acknowledgment of service. (6) By striking , 19 and inserting in its place , in the form in Code Section 44-2-225, relating to the form for the sheriff's return. (7) By striking , 19 and inserting in its place , each time it appears in the form in Code

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Section 44-2-226, relating to the certificate of mailing and the entry of such certificate on the petition. (8) By striking , 19 and inserting in its place , in the form in Code Section 44-2-227, relating to the form used in appointing examiners. (9) By striking , 19 and inserting in its place , in the form in Code Section 44-2-228, relating to the oath of the examiner. (10) By striking , 19 and inserting in its place , in the form in Code Section 44-2-229, relating to the referral of a petition to an examiner. (11) By striking , 19 and inserting in its place , in the form in Code Section 44-2-230, relating to the preliminary report and schedules of an examiner. (12) By striking , 19 and inserting in its place , in the form in Code Section 44-2-231, relating to the final report of an examiner. (13) By striking , 19 and inserting in its place , in the form in Code Section 44-2-232, relating to the decrees of title. (14) By striking , 19 and inserting in its place , in paragraph (4) of subsection (a) of Code Section 44-2-233, relating to the book of decrees and an index thereto. (15) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 44-2-234, relating to title register book, registered title number, and index of title register. (16) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 44-2-240, relating to the owner's certificate of title. (17) By striking , 19 and inserting in its place , each time it appears in the forms and by inserting the preceding presence in the first form in Code Section 44-2-241, relating to the transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale. (18) By striking , 19 and inserting in its place , each time it appears in the forms in subsections (a) and (c) of Code Section 44-2-242, relating to creditor's certificate and endorsement of certificate. (19) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 44-2-244, relating to the judge's order of transfer.

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(20) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 44-2-245, relating to registration and recordation of mortgages. (21) By striking 19 and inserting in its place each time it appears in the form in Code Section 44-2-246, relating to notation of delinquent taxes or assessments. (22) By striking , 19 and inserting in its place , in the form in Code Section 44-2-247, relating to notation of judgment. (23) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 44-2-248, relating to notation of special right, notice of lis pendens, and recordation and notation of lengthy descriptions. (24) By striking , 19 and inserting in its place , in the form in Code Section 44-2-250, relating to arequest to cancel entries. (25) By striking , 19 and inserting in its place , in Code Section 44-2-252, relating to updating entries and notations on owner's certificate and a clerk's endorsement. (26) By striking , 19 and inserting in its place , in the form in subsection (b) of Code Section 44-7-21, relating to written brokerage agreement as binding obligation and notice of commission rights form. (27) By striking , 19 and inserting in its place , in the notice form in Code Section 44-13-7, relating to publication and form of notice of application. (28) By striking , 19 and inserting in its place , in Code Section 44-13-11, relating to approval of application, transmittal of copy of exempted real property to other counties, recordation, and evidentiary value. (29) By striking , 19 and inserting in its place , in the form in subsection (c) of Code Section 44-14-67, relating to cancellation of deed as reconveyance of title. (30) By striking , 19 and inserting in its place , each time it appears in the form in subsection (d) of Code Section 44-14-232, relating to summons, service on defendant, debtor's duty to notify creditor of address changes, and form. (31) By striking , 19 and inserting in its place , in the form in subsection (e) of Code Section 44-14-233, relating to answer, reopening the default, granting writ upon default, trial, and order to turn over property to sheriff.

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(32) By striking , 19 and inserting in its place , in the form in the introductory language of subsection (c) of Code Section 44-14-320, relating to certain liens established and removal of nonconforming liens. (33) By striking , 19 and inserting in its place , in the form in subsection (b) of Code Section 44-14-362, relating to cancellation of preliminary notice upon final payment and form of cancellation. (34) By striking , 19 and inserting in its place , each time it appears in the forms in subsections (c) and (d) and in subparagraph (f)(2)(C) and by striking acknowledgement and inserting in its place acknowledgment in subparagraph (f)(2)(B) in Code Section 44-14-366, relating to waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void; interim waiver and release upon payment; unconditional waiver and release upon final payment; and affidavit of nonpayment. SECTION 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking required including and inserting in its place required, including in subsection (d) of Code Section 45-9-110, relating to authorization for consolidation, billing procedure, reserve fund, investment of funds, contracting for services, and provision of unemployment compensation benefits to certain county employees. (2) By striking , 19 and inserting in its place , in the form in paragraph (2) of subsection (d) of Code Section 45-17-2.1, relating to application to be a notary and endorsements and declarations. (3) By striking article employees, and inserting in its place article of employees, by striking solicitor, and inserting in its place solicitor each time it appears, by striking commissioners; and and inserting in its place commissioners and, and by striking same after remit in subsection (b) of Code Section 45-18-5, relating to county officers and employees. (4) By striking strike. Provided, and inserting in its place strike; provided, and by striking this act and inserting in its place this article in Code Section 45-19-2, relating to public employees not to promote, participate in, or encourage strikes. (5) By striking officer of employee and inserting in its place officer or employee in subsection (c) of Code Section 45-24-6, relating to notice to chief executive officer of state departments, response required,

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proceedings when continued employment available, and review of termination or separation. SECTION 46 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By striking , 19 and inserting in its place , each time it appears in the form in paragraph (1) of subsection (e) of Code Section 46-3-322, relating to filing articles of incorporation, issuance of certificate of incorporation, forwarding of copy of certificate to clerk of superior court, rejection of articles of incorporation, publication of notice, and commencement of corporate existence. (2) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 46-3-423, relating to procedure after filing statement of intent to dissolve. (3) By striking , 19 and inserting in its place , in the form in subsection (c) of Code Section 46-3-468, relating to application for reinstatement of certificate of authority. (4) By striking , 19 and inserting in its place , each time it appears in the form in Code Section 46-5-75, relating to certificate of the Secretary of State. (5) By striking communication and inserting in its place communications and by striking staff to a 911 communication and inserting in its place staff of a `911' communications in subsection (c) of Code Section 46-5-124, relating to guidelines for implementing state-wide emergency telephone number 911 system and training and equipment standards. (6) By striking an enhanced wireless and inserting in its place a wireless enhanced in subparagraph (b)(1)(A) of Code Section 46-5-133, relating to authority of local government to adopt resolution to impose monthly 911 charge. (7) By striking 911 charges and inserting in its place 911 charge in paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (a), by striking enhanced wireless and inserting in its place wireless enhanced each time it appears in paragraph (4) of subsection (d), and by striking provision and inserting in its place provisions and by deleting the comma after charge in subsection (i) of Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone

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System Fund, records, and use of federal, state, municipal, or private funds. (8) By deleting , and no confirmation card, as described in subparagraph (a)(4)(H) or (a)(4)(I) of this Code section requiring the customer to deny or cancel a service order, may be sent out with any information package related to a customer's request for information from subsection (f) of Code Section 46-5-183, relating to procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing. (9) By striking , 19 and inserting in its place , in the form in subsection (a) of Code Section 46-8-42, relating to certificate of incorporation, duration of corporate existence, and fee for issuance of certificate. (10) By striking , 19 and inserting in its place , in the form in Code Section 46-9-230, relating to the manner of incorporation of express companies. 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 a comma after ad valorem taxes and by inserting a comma following not yet disbursed in subparagraph (b)(3)(A) of Code Section 48-2-44, relating to penalty and interest on failure to file return or pay revenue held in trust for state, penalty and interest on willful failure to pay ad valorem tax, and distribution of penalties and interest. (2) By striking Procedures Act and inserting in its place Procedure Act in subsections (f) and (g) of Code Section 48-2-105, relating to written notice to eligible recipients, contents, written objection to settlement, conference before commissioner or designee, determination of amount due, procedure for other disputes, and appeal. (3) By striking quality and nature and inserting in its place quality or nature in subsections (a) and (d) and by striking , 19 and inserting in its place , each time it appears in the forms in subsections (b) and (e) of Code Section 48-3-14, relating to petition to reduce execution to judgment and procedures for nonresident. (4) By striking , 19 and inserting in its place , each time it appears in the notice in subsection

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(a) of Code Section 48-4-46, relating to form of notice of foreclosure of right to redeem, service, time, return and record, and waiver. (5) By striking `Interested Party' and inserting in its place `Interested party' in subparagraph (C) of paragraph (1) of Code Section 48-4-77, relating to definitions relative to ad valorem tax foreclosures. (6) By striking paragraphs (3) and (4) of subsection (b) of Code Section 48-4-79, relating to a judicial hearing on petition, orders, priority of claims, and death of interested party, and inserting in their place the following: (3) Easements and rights of way of holders who are not interested parties under subparagraph (C) of paragraph (1) of Code Section 48-4-77; and (4) Benefits or burdens of any real covenants filed of record as of the date of filing of the petition. (7) By striking lien holder and inserting in its place lienholder each time it appears in subsection (c) of Code Section 48-4-80, relating to redemption by owner or other interested party. (8) By inserting of subsection (a) following paragraph (10) in paragraphs (3) and (4) of subsection (a) of Code Section 48-5-41.1, relating to exemption of qualified farm products from taxation. (9) By striking sixty-five (65) and inserting in its place 65, by striking State and inserting in its place state, and by striking above exempted and inserting in its place above-exempted in subsection (b) of Code Section 48-5-47, relating to applications for homestead exemptions of individuals 65 or older. (10) By striking 5 and inserting in its place five in paragraph (3) of subsection (a) of Code Section 48-5-47.1, relating to homestead exemptions for individuals 62 or older with annual incomes not exceeding $30,000.00 (11) Reserved. (12) By striking 48-5-3111 and inserting in its place 48-5-311 in subsection (d) of Code Section 48-5-48.1, relating to the tangible personal property inventory exemption, application, failure to file application as waiver of exemption, and denials. (13) By striking county, and inserting in its place county in paragraph (7) of Code Section 48-5-103, relating to duties of tax receivers. (14) By striking the semicolons and inserting in their place periods at the end of subparagraphs (A) and (B) of paragraph (11); by striking the purchase, replacement, and maintenance of school lunchroom

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equipment, purchase of school lunchroom supplies, transportation, storage, and preparation of foods, all other costs and inserting in its place the: purchase, replacement, and maintenance of school lunchroom equipment; purchase of school lunchroom supplies; transportation, storage, and preparation of foods; and all other costs in paragraph (18) of Code Section 48-5-220, relating to purposes of county taxes. (15) By striking case by case and inserting in its place case-by-case in subsection (c) of Code Section 48-5-242, relating to waiver of penalties due on unpaid taxes. (16) By striking division and inserting in its place subdivision in subdivision (b) (1) (A) (i) (I) of Code Section 48-5-269, relating to authority to promulgate rules and regulations regarding uniform books, records, forms, and manuals and limits on change in current use value of conservation use property. (17) By striking Notwithstanding Code Section 50-18-74, failure and inserting in its place Failure in paragraph (3) of subsection (a) of Code Section 48-5-314, relating to confidentiality of certain taxpayer records. (18) By striking insure and inserting in its place ensure in paragraph (3) of subsection (a) of Code Section 48-5-349.2, relating to procedure for appeal to the department. (19) By striking herein and inserting in its place in this Code section in Code Section 48-5-478, relating to constitutional exemption from ad valorem taxation for disabled veterans. (20) By striking $3,000 and inserting in its place $3,000.00 in paragraph (4) of subsection (b) of Code Section 48-7-26, relating to personal exemptions. (21) By striking the terms FSC's and DISC's each time they appear and inserting in their respective places foreign sales corporations and domestic import sales corporations in subsection (a) of Code Section 48-7-56, relating to time and place of filing returns, extensions, tentative returns, extensions for members of armed forces, and estimated returns. (22) By striking identifiable and inserting in its place identifiable in subsections (c) and (d) of Code Section 48-8-67, relating to distribution of certain unidentifiable sales and use tax proceeds, limitations, and powers and duties of state revenue commissioner. (23) By striking (a) (1) (B) (i) of this Code section and inserting in its place (i) of this subparagraph in subparagraph (a) (1) (B) (ii) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows.

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SECTION 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By deleting Article 4 of from paragraph (6) of Code Section 49-4-121, relating to definitions relative to medical assistance for aged. SECTION 50 . Reserved. SECTION 51 . Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By striking herein and inserting in its place in this Code Section in paragraph (1) of subsection (a) of Code Section 51-1-29.1, relating to liability of voluntary health care provider and sponsoring organization. SECTION 52 . Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in Code Section 52-4-2, relating to issuance of certificate of incorporation for canal company. (2) By striking , 19 and inserting in its place , in the form in Code Section 52-5-3, relating to issuance of certificate of incorporation for navigation company generally. (3) By inserting an between read by and arresting in the undesignated language following the notice in paragraph (2) of subsection (b) and by striking specified above and inserting in its place specified in paragraph (1) of this subsection in paragraph (3) of subsection (g) of Code Section 52-7-12.5, relating to ordering drug or alcohol tests, implied consent notice, reports, suspension, hearing, and certificate of inspection. SECTION 53 . Title 53 of the Official Code of Georgia Annotated, relating to wills, is amended as follows: (1) By striking , 19 and inserting in its place , in the form in subsection (b) of Code Section 53-4-24 of the Revised Probate Code of 1998, relating to self-proved will or codicil.

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(2) By striking , 19 and inserting in its place , in the form in subsection (b) of Code Section 53-12-52, relating to filing of deed in superior court, clerk's fees, filing of copies with Secretary of State, certificate, use of certified copy as evidence, additional copies and fees therefor, and filing and fees for amendments. (3) By striking Code Sections 11-8-317 and inserting in its place Code Sections 11-8-112 in Code Section 53-12-54, relating to issuance of certificates of beneficial interest, status of certificates, enforcement of claims against estate, service of process, venue, and liability of trustees and beneficiaries. 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 1998 supplements to the Official Code of Georgia Annotated published under authority of the state in 1998 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

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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. 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 April 5, 1999. STATE GOVERNMENTGEORGIA REGIONAL TRANSPORTATION AUTHORITY; CREATION. Code Titles 32, 45, and 50 Amended. No. 38 (Senate Bill No. 57). AN ACT To provide for the Georgia Regional Transportation Authority; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to receipt of federal funds by the state and inconsistency between provisions of state and federal law; to provide for allocation of certain expenditures from the State Public Transportation Fund and of federal funds; to provide for certain reports; to change certain provisions relating to operation of and financial assistance to mass transit systems; to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council; to change certain provisions relating to attachment of the council for administrative purposes and technical support; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Regional Transportation Authority; to provide a short title; to define certain terms; to provide for the membership, appointment, and terms of members of the authority; to provide for the purposes, status, jurisdiction, powers, duties, rights, procedures, immunities, personnel, and resources of the authority; to provide for the creation and activation of special districts; to provide for land transportation and air quality projects within such special districts; to provide for financing of projects related to the purposes of the authority; to provide that certain projects shall not be commenced nor funds be expended by the state, political subdivisions, or departments, agencies, or

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authorities thereof under certain circumstances; to provide for the issuance of revenue bonds, guaranteed revenue bonds, bonds, notes, obligations, and other evidences of indebtedness under certain terms and conditions; to provide tax exemptions for the authority and the bonds thereof; to provide for land transportation and air quality services by local governments; to provide that certain funds shall be withheld from local governments under certain circumstances; to provide that certain prohibitions of expenditures or withholding of funds by the authority shall not effect certain budgeted allocations of funds; to provide for legislative intent; to change certain provisions relating to definitions relative to the Georgia Environmental Facilities Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-5-1, relating to receipt of federal funds by the state and inconsistency between provisions of state and federal law, and inserting in lieu thereof the following: 32-5-1. (a) The director of the Office of Treasury and Fiscal Services is designated the proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government. (b) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes. SECTION 2 . Said title is further amended by adding to Chapter 5 a new Article 3 to read as follows: ARTICLE 3 32-5-30.

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(a) Each state-wide transportation improvement program shall include an allocation of state and federal funds which provides that the total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted or programmed over the effective three-year period of such program such that 100 percent of such total shall be divided equally for such period among the congressional districts in this state for public road and other public transportation purposes in such districts. (b) (1) The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds. (2) In case of a reduction in allocation of funds for any congressional district pursuant to paragraph (1) of this subsection, the amount of funds made available by such reduction shall be divided equally among all other congressional districts in this state for allocation to such districts in addition to the allocation made to such other districts pursuant to subsection (a) of this Code section. (c) Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds of the membership of the board. 32-5-31. In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the equitable allocation of funds among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year. SECTION 3 . Said title is further amended by striking subsections (a) and (c) of Code Section 32-9-2, relating to operation of and financial assistance to mass transit systems, and inserting in lieu thereof the following: (a) As used in this Code section, the term: (1) `Capital project' has the same meaning as in 49 U.S.C.A. Section 5302(a) (1). (2) `Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or

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reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, and acquisition of rights of way. (3) `Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines. (c) (1) The department may, when funds are available from the United States government for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for the payment of operating expenses to improve or to continue such mass transportation service by operation, lease, contract, or otherwise. (2) The department may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of facilities and equipment, including capital projects, for use, by operation or lease or otherwise, in mass transportation service. (3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maximum of 10 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems. SECTION 4 . Said title is further amended by striking Code Section 32-9-11, relating to transit services with local governments, and inserting in lieu thereof the following: 32-9-11. (a) As used in this Code section, the term: (1) `Local government' means any county, municipality, or political subdivision of this state, or any combination thereof. (2) `Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority. (3) `Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.

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(4) `Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance. (b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superintendent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan. (c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution. SECTION 5 . Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, is amended by striking Code Section 45-12-203, relating to composition, appointment of members, and meetings of the Governor's Development Council, and inserting in lieu thereof the following: 45-12-203. (a) The members of the board of directors of the Georgia Regional Transportation Authority provided by Code Section 50-32-4, upon their initial appointment and thereafter, shall constitute the membership of the council. Membership on that authority or the council shall not

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constitute an appointment to an office of honor or trust for purposes of subsection (a) of Code Section 50-32-4. (b) The chair of the Georgia Regional Transportation Authority shall serve as the chair of the council. (c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. A majority of the members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate. SECTION 6 . Said article is further amended by striking Code Section 45-12-205, relating to attachment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following: 45-12-205. The council shall be attached to the Department of Community Affairs for administrative purposes. The Department of Community Affairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor. SECTION 7 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 32 to read as follows: CHAPTER 32 ARTICLE 1 50-32-1. This chapter shall be known and may be cited as the `Georgia Regional Transportation Authority Act.' 50-32-2. As used in this chapter, the term: (1) `Authority' means the Georgia Regional Transportation Authority. (2) `Bond' includes any revenue bond, bond, note, or other obligation.

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(3) `Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q. (4) `Cost of project' or `cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project, facility, or undertaking of the authority or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority; (C) All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking; (E) All expenses for inspection of any project, facility, or undertaking of the authority; (F) All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any

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project, facility, or undertaking of the authority, including bond insurance or credit enhancement fee; (G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority; (H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority; (I) All costs of plans and specifications for any project, facility, or undertaking of the authority; (J) All costs of title insurance and examinations of title with respect to any project, facility, or undertaking of the authority; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter. (5) `County' means any county created under the Constitution or laws of this state. (6) `Facility' shall have the same meaning as `project.' (7) `Local government' or `local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.

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(8) `May' means permission and not command. (9) `Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (10) `Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (11) `Municipal corporation' or `municipality' means any city or town in this state. (12) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (13) `Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments. (14) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services to meet land public transportation needs and environmental standards and to aid in the accomplishment of the purposes of the authority. (15) `Revenue bond' includes any bond, note, or other obligation payable from revenues derived from any project, facility, or undertaking of the authority. (16) `State implementation plan' means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act. (17) `State-wide transportation improvement program' means a staged, multiyear, state-wide, intermodal program defined in 23 C.F.R. Section 450.104 which contains transportation projects consistent with the state-wide transportation plan and planning processes and metro-politan plans, transportation improvement programs, and processes.

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(18) `State-wide transportation plan' means the official state-wide, intermodal transportation plan as defined in 23 C.F.R. Section 450.104 that is developed through the state-wide transportation planning process. (19) `Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan. (20) `Undertaking' shall have the same meaning as `project.' 50-32-3. (a) There is created the Georgia Regional Transportation Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed land transportation and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. (b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of such projects as the board may determine appropriate to undertake from time to time. (c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, shall designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such procedures as the board may direct by resolution establishing such committee or committees. (d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect

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the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. 50-32-4. (a) The initial board of directors of the authority shall consist of 15 members. All members of the board and their successors shall be appointed for terms of five years each, except that the initial terms for eight members of the board appointed in 1999 shall be three years each; and the particular beginning and ending dates of such terms shall be specified by the Governor. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor, the provisions of subsection (b) of Code Section 45-12-52 to the contrary notwithstanding; except as otherwise provided in this Code section. Said members shall be appointed so as to reasonably reflect the characteristics of the general public within the jurisdiction or potential jurisdiction of the authority, subject to the provisions of subsection (d) of this Code section. No person holding any other office of profit or trust under the state shall be appointed to membership. The chair of the board of directors shall be appointed and designated by the Governor. (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) Members of the board of directors may be removed by executive order of the Governor for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless authorized under subsection (g) of this Code section, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to that Code section. A violation of Code Section 45-10-3 may also subject a member to the penalties provided in subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of Code Section 45-10-28, pursuant to subsection (b) of Code Section 45-10-28. In the event that a vacancy or vacancies on the board renders the board able to obtain a quorum but unable to obtain the attendance of a number of members sufficient to constitute such supermajorities as may be required by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a

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number of members sufficient to constitute such supermajority is present, and the Governor shall be immediately notified of the absence of members. (e) The members of the authority shall be subject to the applicable provisions of Chapter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members of the authority shall be public officers who are members of a state board for purposes of the financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once in each year. (f) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days public notice for regular meetings as prescribed in the bylaws, and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize. Notice of any regular or special meeting shall be given to the Governor at least five days prior to such meeting, unless the Governor waives such notice requirement, and no business may be transacted at any meeting of the board unless and until the Governor has acknowledged receipt of or waived such notice. (g) All meetings of the board of directors shall be subject to the provisions of Chapter 14 of this title. A written record of each vote taken by the board, specifying the yea or nay vote or absence of each member as to each measure, shall be transmitted promptly to the Governor upon the adjournment of each meeting. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the board on a record vote. (h) The authority is assigned to the Department of Community Affairs for administrative purposes only. ARTICLE 2 50-32-10. (a) (1) This chapter shall operate uniformly throughout the state. (2) (A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regulations as of December 31, 1998,

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as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for purposes of this chapter shall also encompass the territory of every county designated by the USEPA in the Code of Federal Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph. (b) (1) Within three months of the effective date of this chapter, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are reasonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification, and shall update such report and certification every six months thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining land public transportation systems and other land transportation projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organizations' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments. (2) By resolution of the county governing authority, the special district created by this chapter encompassing the territory of any county reported and certified pursuant to paragraph (1) of this subsection may be activated for the purposes of this chapter, or such county may be brought within the jurisdiction of the authority by resolution of the governing authority. (3) The jurisdiction of the authority for purposes of this chapter shall be extended to the territory of any county the territory of which is not contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board

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designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. Upon any such county or self-contiguous group of counties coming within the jurisdiction of the authority, a single member who shall reside within such additional territory shall be added to the board, together with an additional member, who may reside within or without such additional territory, for each 200,000 persons above the number of 200,000 persons forming the population of such additional territory according to the 1990 United States decennial census or any future such census. (c) Upon acquiring jurisdiction over the territory of any county, the authority's jurisdiction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made. (d) (1) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition. (2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or constructed utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests. (e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. 50-32-11. (a) The authority shall have the following general powers:

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(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located, except that venue and jurisdiction for bond validation proceedings shall be as provided by paragraph (9) of subsection (e) of Code Section 50-32-31; (2) To have a seal and alter the same at its pleasure; (3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction or which are included within an approved transportation plan or transportation improvement program and provide land public transportation services within the geographic jurisdiction of the authority, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes; (4) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the state Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse; (5) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for acquisition, construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments,

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departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (6) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 40 U.S.C. Section 4601 et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c); (7) To appoint an executive director who shall be executive officer and administrative head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (8) To finance projects, facilities, and undertakings of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants; (10) To borrow money to further or carry out its public purpose and to issue guaranteed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the

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judgment of the authority, and to evidence and to provide security for such loans; (11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of an premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations; (12) To collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (13) Subject to any agreement with bond owners, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project

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notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time

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provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools; (14) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (15) Subject to applicable covenants or agreements related to the issuance of bonds, to invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations; (18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (19) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;

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(21) To contract with state agencies or any local government for the use by the authority of any property or 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 authority and such state agencies and local governments are authorized to enter into such contracts; (22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (23) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (25) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall

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determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects; (26) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the purposes of the authority; (27) To coordinate, cooperate, and contract with any metropolitan planning organization for a standard metropolitan statistical area which is primarily located within an adjoining state but which includes any territory within the jurisdiction of the authority to achieve or further the purposes of the authority as provided by this chapter; (28) To coordinate and assist in planning for land transportation and air quality purposes within the geographic area over which the authority has jurisdiction pursuant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning; (29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with such metropolitan planning organizations concerning changes or amendments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans; (30) To review and make recommendations to the Governor concerning all land transportation plans and transportation improvement programs prepared by the Department of Transportation involving design, construction, or operation of land transportation facilities wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with that department concerning changes or amendments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such plans as all or a portion of its own regional plans; (31) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its

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purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto, subject to and in conformity with applicable federal law and regulation; (32) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-urban and intra-urban transit, land public transportation development, air quality and air pollution control, and other purposes related to the alleviation of congestion and air pollution; (33) Subject to any covenant or agreement made for the benefit of owners of bonds, notes, or other obligations issued to finance roads or toll roads, in planning for the use of any road or toll road which lies within the geographical area over which the authority has jurisdiction, the authority shall have the power to control or limit access thereto, including the power to close off, regulate, or create access to or from any part, excluding the interstate system, of any road on the state highway system, a county road system, or a municipal street system to or from any such road or toll road or any property or project of the authority, to the extent necessary to achieve the purposes of the authority; the authority may submit an application for an interstate system right of way encroachment through the state Department of Transportation, and that department shall submit the same to the Federal Highway Administration for approval. The authority shall provide any affected local government with not less than 60 days notice of any proposed access limitation; (34) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (35) To do all things necessary or convenient to carry out the powers conferred by this chapter; (36) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses; (37) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of land transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is

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intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict; (38) To ensure that any project funded by the authority in whole or in part with federal-aid funds is included in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in the land transportation plan adopted and approved by the designated metropolitan planning organization, and is in compliance with the requirements of relevant portions of the regulations implementing the Clean Air Act including without limitation 40 C.F.R. Section 93.105(c)(1)(ii) and 40 C.F.R. Section 93.122(a)(1), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation; and (39) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation. (b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter: (1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable; (2) By resolution, to authorize the utilization by local governments within such special districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality control measures certified and provided pursuant to paragraph (1) of this subsection; (3) By resolution, to authorize the utilization by local governments within such special districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and (4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services

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as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable. (c) The provisions of local government services and the utilization of funding mechanisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36. 50-32-12. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the territory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the authority has jurisdiction shall be deemed activated for purposes of this chapter. 50-32-13. (a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a). (b) In exercising the authority's delegated powers concerning proposed state-wide transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction or by the Department of Transportation: (1) Transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose;

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(2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose; (3) The board may set a date certain as a deadline for submission of any such plan or program to the authority for review; and (4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the board, the authority may exercise its delegated power to disapprove such plan or program upon the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose; provided, however, that where one or more vacancies exist on the board and the board is not otherwise prohibited from entertaining a motion requiring such a supermajority, such motion shall carry on the affirmative vote of two-thirds of the members present. On any motion requiring a supermajority for passage, any abstention not authorized as provided in this chapter shall be deemed an affirmative vote for purposes of passage or failure of such motion. (c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursuant to this chapter, and annually shall report such targets to the Governor, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. 50-32-14. In any case where a development of regional impact, as determined by Department of Community Affairs pursuant to Article 1 of Chapter 8 of this title, is planned within the geographic area over which the authority has jurisdiction which requires the expenditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the authorized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. Such a vote shall not constitute failure or refusal by the local government for purposes of Code Section 50-32-53.

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50-32-15. (a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after the effective date of this chapter unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applicable federal law and regulation. (b) From time to time, by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any project or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities. (c) The Georgia Environmental Facilities Authority shall be subordinate to the authority in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provisions of Chapter 23 of this title, the provisions of this chapter shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority, the State Toll Road Authority, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority for the benefit of any owner or holder of any bond, note, or other obligation of any such authority. 50-32-16. Notwithstanding any provision of law to the contrary, funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 shall not be utilized for designation, improvement, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of a county whose special district created pursuant to this chapter has been activated pursuant to

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the provisions of this chapter, unless such designation, improvement, or construction is safety related or has been conducted by or through, or approved by, the authority, or such funds are within categories applicable to state-wide inspection or improvement required for compliance with federal law or regulation. 50-32-17. (a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state. (b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state department, division, board, bureau, commission, authority, or other agency or instrumentality of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority. 50-32-18. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-32-19. Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter.

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50-32-20. (a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reimbursement for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments. (b) The authority may request from time to time, and the Department of Transportation and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facilities, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments. ARTICLE 3 50-32-30. In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources: (1) Revenue bonds as authorized by this chapter; (2) Guaranteed revenue bonds as authorized by this chapter; (3) Funds obtained in a special district created and activated pursuant to this chapter, for the purposes of providing local land transportation and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts; (4) Moneys borrowed by the authority pursuant to the provisions of this chapter; (5) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and (6) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time. 50-32-31. (a) (1) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing

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resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this subsection in excess of the cumulative principal sum of $1 billion but excluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and the proceeds thereof for the purpose of paying all or part of the costs of any project or undertaking which is for the purpose of exercising the powers delegated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the resolution of the board of directors authorizing the issuance of such bonds. (2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the owners of outstanding bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the

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terms of any agreement made with the owners of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property, to secure the payment of the bonds, subject to such agreements with bond owners as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

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(F) Setting the procedure, if any, by which the terms of any contract with bond owners may be amended or abrogated, including the proportion of bond owners which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bond owners and providing for the rights and remedies of the bond owners in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bond owners. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The

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provisions of any such agreements may be made a part of the contract with the owners of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. The facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs. Bonds bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings.

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The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) Fifty cents each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bond owners as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

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50-32-32. (a) The authority shall have the power and is authorized to issue guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitution of this state. The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such bonds and the investment earnings thereon shall be used to finance land public transportation facilities or systems, including any costs of such projects. (b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state. 50-32-33. The bonds of the authority are made securities in which all public officials and bodies of the state and all counties and municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all counties and municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized. 50-32-34. The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the owners of bonds or in any way impair the rights and remedies of bond owners until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged or funds for the payment of such are fully provided. The

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authority is authorized to include this pledge and agreement of the state in any agreement with bond owners. 50-32-35. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the `Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-32-36. No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-32-37. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-32-38. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be

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approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-32-39. No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Facilities Authority at any time when the highest aggregate annual debt service requirements of the state for the then current fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then current fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the fiscal year in which any such debt is to be incurred. ARTICLE 4 50-32-50. (a) Any local government which is within the geographic area over which the authority has jurisdiction or which is within any county for which a special district has been otherwise activated pursuant to this chapter may provide, subject to the authorization of the authority as provided for in this chapter, within the territorial limits of the special district authorized by this chapter local government services consisting of land public transportation and air quality control, consistent with the terms of any authorizing resolution of the authority and, further, consistent with the regional plan or plans approved by the authority pursuant to its delegated powers if such plans are applicable to such local government's territory. In providing such local services in such special district pursuant to the provisions of this chapter, the local government shall utilize one or more of the funding mechanisms enumerated in Article IX, Section II, Paragraph VI of the Constitution of this state for the purpose of funding, in whole or in part, only the local government services authorized by this chapter, and such services may be provided, in whole or in part, pursuant to a contract between one or more local governments within a special district activated pursuant to this chapter. (b) Projects and facilities for the provision of local government services through special districts authorized by this chapter shall be planned by the authority consistent with approved regional plans, where applicable, and may be designed, constructed, managed, operated, and funded by the authority in whole or in part.

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50-32-51. (a) For the purposes of this Code section, the term `lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of land public transportation or air quality services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such land public transportation or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the land public transportation or air quality facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a land public transportation facility, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:

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(A) The costs of operation, maintenance, renewal, replacement, and repairs of the land public transportation facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such land public transportation facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-32-52. (a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or revenue bonds as evidence of such grants or loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any grant or loan to a local government that such local government shall perform any or all of the following:

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(1) In the case of grants or loans for a land public transportation or air quality facility, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such air quality facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges

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including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-32-53. (a) No local government which, upon the activation of a special district created by this chapter, fails or refuses to plan, coordinate, and implement local government services in such special district as provided for in this chapter and authorized pursuant to a resolution of the authority shall be eligible for any state grant of any kind whatsoever except such grants as may be related directly to the physical and mental health, education, and police protection of its residents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 be utilized for designation, improvement, funding, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of such local government's jurisdiction, or for the nonsafety related maintenance of any land public transportation system, highway, road, or bridge operating or located within such local government's jurisdictional boundaries, nor shall such local government be permitted to receive federal grants or funds for any such purpose, unless such funds are within categories applicable to state-wide inspection or improvement required for compliance with federal law or regulation. (b) By resolution, the authority may restore eligibility for funding and receipt of grants denied pursuant to the provisions of subsection (a) of this Code section where such local government demonstrates to the satisfaction of the authority that it is taking or shall take appropriate action to cooperate with the authority. 50-32-54. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities alloted to such local government, excluding funds for education purposes, until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.

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(b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. ARTICLE 5 50-32-60. The prohibition of expenditures or withholding of funds for public road or other public transportation purposes by the authority pursuant to any provision of this chapter shall not alter the Department of Transportation's budgeted or programmed allocation of state or federal funds among congressional districts pursuant to Code Section 32-5-30. ARTICLE 6 50-32-70. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter. SECTION 8 . Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relating to definitions relative to the Georgia Environmental Facilities Authority, and inserting in its place a new paragraph (12) to read as follows: (12) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities, or projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority.

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SECTION 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, with respect to the appointment of the membership of the board. In all other respects, this Act shall become effective 30 days after its approval by the Governor or its becoming law without such approval. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1999. PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONNATURAL GAS COMPETITION AND DEREGULATION ACT; ADEQUATE MARKET CONDITIONS; COMMODITY SALES SERVICE; TIME PERIODS. Code Section 46-4-156 Amended. No. 39 (House Bill No. 822). AN ACT To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the Natural Gas Competition and Deregulation Act, so as to authorize the Public Service Commission to initiate a proceeding for determining that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making such determination and conforming changes relating to stays of the process of customer assignment; to provide for the conditions under which an electing distribution company is released from its obligation to provide commodity sales service; to change provisions relating to the extension of certain statutory deadlines and time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the Natural Gas Competition and Deregulation Act, is amended by striking in its entirety Code Section 46-4-156, relating to customer assignment and the Public Service Commission's determination of adequate market conditions, and inserting in lieu thereof a new Code Section 46-4-156 to read as follows:

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46-4-156. (a) No later than December 31, 1997, the commission shall promulgate regulations which prescribe a methodology for the random assignment to each marketer certificated within a delivery group of each firm retail customer who has not contracted for distribution service from a marketer. This methodology shall further provide that the percentage of such firm retail customers assigned to a given marketer shall be based upon the percentage at the time of such assignment of all firm retail customers within the delivery group served by such marketer. (b) Any person may file a petition requesting that the commission determine, or the commission on its own motion may determine, that adequate market conditions exist for a particular delivery group. If, after a proceeding on such petition or motion, the commission makes such a determination, the procedures that precede customer assignment shall begin. The commission shall enter a decision as to whether adequate market conditions exist within the earlier of 120 days after the close of the record in the proceeding on such petition or motion or 180 days from the filing of such petition or the making of such motion under this subsection. The commission shall determine that adequate market conditions exist within a specific delivery group based upon consideration of the following factors: (1) The number and size of alternative providers of the distribution service; (2) The extent to which the distribution service is available from alternative providers in the delivery group; (3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (4) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of a distribution service. (c) If the commission issues an order pursuant to subsection (b) of this Code section determining that adequate market conditions exist, it shall prescribe in such order the contents of notices to be furnished pursuant to the provisions of subsection (e) of this Code section. Subject to the provisions of subsection (d) of this Code section, on the one hundred twentieth day following the issuance of an order for a particular delivery group: (1) The rates and terms of service of an electing distribution company for interruptible distribution service and balancing service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section;

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(2) The rates and terms of service for commodity sales service provided by an electing distribution company to retail purchasers of firm distribution service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; and (3) Subject to subsection (d) of this Code section and provided that all initial assignments of rights to intrastate capacity for firm distribution service, interstate pipeline, and underground storage by an electing distribution company to marketers, as necessary for marketers to initiate service to all firm retail customers with which they have contracted or to which they have been assigned as provided for in this Code section, whether by allocation pursuant to a tariff approved under paragraph (3) or (4) of subsection (d) of Code Section 46-4-154 or by contract, are effective pursuant to the terms of such tariff or contract and, provided, further, that all initial assignments of rights under firm wellhead gas supply contracts by an electing distribution company to marketers, as necessary for marketers to initiate service to all firm retail customers with which they have contracted or to which they have been assigned as provided for in this Code section, by allocation pursuant to a tariff approved under Code Section 46-4-154 are effective pursuant to the terms of such tariff, an electing distribution company has no obligation to provide commodity sales service to retail customers. (d) If the one hundred twentieth day following the issuance of such order falls during a winter heating season, the provisions of subsection (c) of this Code section and customer assignment shall become effective on the day following the end of the winter heating season. (e) Within 45 days following the issuance of an order pursuant to subsection (b) of this Code section, and again within 80 days following such an order, an electing distribution company shall send a notice regarding the commission's order to each of its retail customers receiving firm distribution service or commodity sales service within such delivery group. Such notices shall inform the retail customer in plain language that: (1) The electing distribution company will not provide firm distribution service or commodity sales service to such customer, as of the date determined under subsection (c) or (d) of this Code section; (2) Such customer may contract with a marketer certificated under Code Section 46-4-153 to furnish such services; and (3) If the customer does not contract with a marketer within 100 days from the date of such order, the commission will assign, on a random basis, a marketer to furnish such services to said customer.

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(f) (1) At any time that the electing distribution company determines that any deadline or the expiration of any time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emergence of effective competition, or upon the public interest, it may petition the commission to extend such deadline or period for a time certain. (2) If, in response to such a petition or on its own motion, the commission finds that strict enforcement of any deadline or time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emergence of effective competition, or upon the public interest, it may extend such deadline or period for any period of time up to or equal to the time extension requested in the petition or proposed in the motion. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1999. REVENUE AND TAXATIONCIGAR AND CIGARETTE TAXES; SALES; RESTRICTIONS; UNFAIR OR DECEPTIVE ACTS; CONTRABAND. Code Section 48-11-23.1 Enacted. No. 40 (House Bill No. 752). AN ACT To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for criminal penalties; to provide that certain acts shall constitute certain unfair or deceptive acts or practices; to provide for seizure and forfeiture of contraband; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, is amended by adding a new Code section immediately following Code Section 48-11-23, to be designated Code Section 48-11-23.1, to read as follows: 48-11-23.1. (a) As used in this Code section, the term `package' means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes if: (1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States; (2) The package is labeled `For Export Only,' `U.S. Tax Exempt,' `For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or (5) The package in any way violates federal trademark or copyright laws. (c) Any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.'

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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 8, 1999. COURTSSUPERIOR COURTS; OCONEE JUDICIAL CIRCUIT; TERMS; GRAND JURIES. Code Section 15-6-3 Amended. No. 42 (House Bill No. 155). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such circuit; 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 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, is amended by striking in its entirety paragraph (29), and inserting in its place the following: (29) Oconee Circuit: (A) Bleckley CountySecond Monday in March and July and fourth Monday in October, and there shall be a grand jury for each term. (B) Dodge CountyThird Monday in February, first Monday in June, and last Monday in September, and there shall be a grand jury for each term. (C) Montgomery CountyFirst Monday in February, and second Monday in August, and there shall be a grand jury for each term. (D) Pulaski CountySecond Monday in April and September and first Monday in December, and there shall be a grand jury for each term. (E) Telfair CountyThird Monday in March and August and first Monday in November, and there shall be a grand jury for each term.

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(F) Wheeler CountyLast Monday in January and first Monday in August, and there shall be a grand jury for each term. SECTION 2 . This Act shall become effective on January 1, 2000. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1999. CONSERVATION AND NATURAL RESOURCESSTATE PARKS; LAURA S. WALKER LAKE; MOTOR-BOATING HOURS. Code Section 12-3-10 Amended. No. 44 (House Bill No. 233). AN ACT To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, is amended by striking in its entirety subsection (h) of said Code section and inserting in lieu thereof the following: (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 horse-power 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;

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(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 7:00 P.M. 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. 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). SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1999. CONSERVATION AND NATURAL RESOURCESSTONE MOUNTAIN MEMORIAL ASSOCIATION; PURPOSES. Code Section 12-3-192.1 Enacted. No. 131 (Senate Bill No. 17). AN ACT To amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association Act, so as to provide for the purposes of the association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association Act, is amended by adding following Code Section 12-3-192 a new Code section to read as follows: 12-3-192.1. The purposes of the Stone Mountain Memorial Association shall include:

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(1) To preserve the natural areas situated within the Stone Mountain Park area; (2) To provide access to Stone Mountain for Georgia's citizens; and (3) To maintain an appropriate and suitable memorial for the Confederacy. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1999. STATE GOVERNMENTYEAR 2000 COMPUTER COMPLIANCE READINESS. Code Title 50, Chapter 32 Enacted. No. 145 (Senate Bill No. 230). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the Year 2000 Readiness Act; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to authorize investigation and require certain reports and information with respect to entities' readiness and ability to operate without disruption due to changes in dates; to require entities to develop contingency plans; to provide for civil penalties for failure to furnish required reports, information, and plans; to provide for civil penalties for failure of essential services due to noncompliance; to provide for related matters; to provide for an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 32 to read as follows: CHAPTER 32 50-32-1.

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This chapter shall be known and may be cited as the `Year 2000 Readiness Act.' 50-32-2. As used in this chapter, the term: (1) `Agency' means the Public Service Commission, the Environmental Protection Division of the Department of Natural Resources, and the Department of Human Resources. (2) `Entity' means: (A) With respect to the Public Service Commission, without exclusion, all utility service providers in the following categories: investor owned electric companies, electric membership corporations, municipal electric systems, investor owned natural gas local distribution companies, municipal natural gas systems, natural gas marketers, incumbent local exchange telecommunications companies, competitive local exchange telecommunications companies, interexchange telecommunications companies, and other telecommunications common carriers, but excluding long-distance telecommunications resellers, pay phone service providers, natural gas master meter operators, housing authorities, wireless telecommunications companies, water and waste-water utility service providers, and cable companies; (B) With respect to the Environmental Protection Division of the Department of Natural Resources: (i) Waste-water treatment facilities as defined in Chapter 391-3-6.02(2) (d) of the Georgia Rules for Water Quality; (ii) Water treatment systems as defined in Chapter 391-3-0.02 of the Georgia Rules for Safe Drinking Water; (iii) Entities operating air-cleaning devices as defined in Code Section 12-9-3; and (iv) Hazardous waste treatment systems which include any method, process, or equipment which treats, removes, reduces, recycles, or renders less noxious any substance defined in applicable state rules and regulations for hazardous waste management as a hazardous waste; and (C) With respect to the Department of Human Resources: (i) Any facility licensed under Code Section 31-13-8.2 to use radioactive materials or radiation generating equipment for diagnostic and therapeutic medical uses; (ii) Ambulatory surgical or obstetrical facilities as defined in Code Section 31-6-2;

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(iii) Clinical laboratories as defined in Code Section 31-22-1; (iv) Emergency medical services and ambulance services as defined in Code Section 31-11-2; (v) Health maintenance organizations and managed health care plans as defined in Chapters 20A and 21 of Title 33; (vi) Home health agencies as defined in Code Section 31-7-150; (vii) Hospices as defined in Code Section 31-7-172; (viii) Institutions as defined in Code Section 31-7-1; (ix) Intermediate care facilities as defined in Code Section 31-6-2; (x) Private home care providers as defined in Code Section 31-7-300; (xi) Nursing homes as defined in Code Section 43-27-1; and (xii) Personal care homes as defined in Code Section 31-7-12. (3) `Essential service' means any service the loss or interruption of which directly threatens the health, safety, or economic well-being of the people of the state. (4) `Year 2000' means the calendar year commencing immediately after the hour of 12:00 Midnight of December 31, 1999. (5) `Year 2000 compliance' means that the software, application, hardware, firmware, equipment, embedded chip, or other applicable item which is represented to be Year 2000 compliant (the `item'): (A) Is able, without delay, error, invalid or incorrect results, premature endings, or interruption, to consistently and correctly recognize, handle, accept, sort, manipulate, calculate, display, store, retrieve, access, compare, and process date, year, and time data and information before, between, during, and after January 1, 1999, September 9, 1999, December 31, 1999, January 1, 2000, February 29, 2000, March 1, 2000, and any other date after December 31, 1999 (all of the foregoing being collectively defined as the `relevant dates'), including, but not limited to, accepting any date, year, or time data and performing calculations or other operations or functions on dates, years, or times or portions of dates, years, or times, without delay, error, invalid or incorrect results, premature endings, or interruption; (B) Before, between, during, and after any of the relevant dates, functions accurately in accordance with any applicable specifications or documentation and without delay, interruption, premature endings, error, invalid or incorrect results, or changes in operations

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associated with the occurrence of any of the relevant dates or the advent of any new century, year, leap year, or any other date, year, or time related matter; (C) Consistently and accurately responds to, stores, and provides output of two-digit year data or six-digit date data and properly resolves any ambiguity as to century or year; (D) Will not be adversely affected in any manner by the advent of the Year 2000 or the passing or transition of any year, century, or other relevant date; (E) Has been designed to accommodate same century and multicentury formulas and date values and date data interface values that reflect the century; and (F) Consistently, correctly, accurately, unambiguously, and without delay, error, invalid or incorrect results, premature endings, or interruption receives, provides, processes, and interfaces date, year, and time data between all items and all other software, applications, hardware, firmware, equipment, embedded chip, or other applicable items. 50-32-3. (a) Each agency shall have authority to examine the affairs of any entity under its jurisdiction with respect to the adequacy of such entity's plans to ensure the provision of essential services which may be lost or interrupted by disruption of computer related functions only as a result of the occurrence of the Year 2000 and may require by rule or regulation the provision of information with respect thereto. (b) Each agency shall have the authority to require by rule or regulation any entity under its jurisdiction to prepare and submit contingency plans for implementation in the event of disruption of computer related functions on the occurrence of the Year 2000. (c) Each entity shall complete and respond completely to any Year 2000 status survey conducted by an agency no later than 30 calendar days after receipt. Failure to respond in a timely manner may result in an administrative penalty of up to $1,000.00 per day until the completed survey response is received by requesting agency. (d) Each entity shall provide, when required by an agency having jurisdiction over such entity, updates to Year 2000 status surveys at the intervals specified by the agency. The agency may require subsequent additional updates as it deems necessary and may assess an administrative penalty of not more than $1,000.00 per day for failure to timely submit such updates, subject to the provisions of Code Section 50-32-5.

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50-32-4. Each agency shall have the authority to audit the entities under its jurisdiction for all matters related to Year 2000 compliance and contingency planning pursuant to rule or regulation. Each entity shall produce all requested audit materials and entity personnel subject to 30 days' notice by the agency conducting the audit. Failure to produce requested audit materials, if they exist, and requested entity personnel, or in case of personal emergencies a reasonable substitute, may result in an administrative penalty of up to $1,000.00 per day until the requested materials are produced or requested personnel are made available. 50-32-5. (a) Failure of any essential service due to an entity's failure to reasonably and appropriately plan for Year 2000 compliance may subject an entity to a civil penalty not to exceed $10,000.00, which penalty may be imposed by an agency subject to notice and hearing under the provisions of Chapter 13 of this title. (b) All other administrative penalties which may be imposed pursuant to the terms of this chapter shall be subject to the procedures set forth in subsection (a) of this Code section. (c) The provisions for penalties in this chapter shall not impair the right of any person, firm, corporation, or local government body to bring an action for injunctive or other relief pursuant to any other applicable provision of law. 50-32-6. Rules and regulations promulgated pursuant to this chapter shall be deemed to be provisions protecting against imminent danger to the public health, safety, or welfare, and subject to the emergency rule-making provisions of subsection (b) of Code Section 50-13-4. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . This Act shall stand repealed on December 31, 2001; provided, however, that proceedings for enforcement of penalties provided for in this Act shall not be abated by such repeal, and such penalties may be imposed and collected where such proceedings were pending on or prior to that date. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1999.

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STATE GOVERNMENTAPPROPRIATIONS; SUPPLEMENTAL FOR S.F.Y. 1998-99. No. 146 (House Bill No. 143) AN ACT To amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the General Appropriations Act, approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 1998-1999; 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 1998-1999, as amended, known as the General Appropriations Act approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, 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, 1998, and ending June 30, 1999, 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 $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999. PART I . LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 27,801,978 Personal ServicesStaff $ 14,893,147 Personal ServicesElected Officials $ 4,064,823 Regular Operating Expenses $ 2,522,335 TravelStaff $ 107,000 TravelElected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 519,200 Equipment $ 238,000 Computer Charges $ 985,450 Real Estate Rentals $ 5,000 Telecommunications $ 652,500 Per Diem, Fees and ContractsStaff $ 123,022 Per Diem, Fees and ContractsElected Officials $ 2,451,701 Photography $ 100,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 27,801,978 State Funds Budgeted $ 27,801,978 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,557,828 $ 4,557,828 Lt. Governor's Office $ 862,851 $ 862,851 Secretary of the Senate's Office $ 1,235,345 $ 1,235,345 Total $ 6,656,024 $ 6,656,024 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,740,572 $ 10,740,572 Speaker of the House's Office $ 450,796 $ 450,796 Clerk of the House's Office $ 1,437,706 $ 1,437,706 Total $ 12,629,074 $ 12,629,074 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,983,333 $ 2,983,333 Legislative Fiscal Office $ 2,068,000 $ 2,068,000 Legislative Budget Office $ 1,083,184 $ 1,083,184 Ancillary Activities $ 1,995,877 $ 1,995,877 Budgetary Responsibility Oversight Committee $ 386,486 $ 386,486 Total $ 8,516,880 $ 8,516,880 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

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and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 23,623,583 Personal Services $ 19,154,785 Regular Operating Expenses $ 723,274 Travel $ 597,740 Motor Vehicle Purchases $ 315,374 Equipment $ 17,500 Real Estate Rentals $ 2,256,910 Per Diem, Fees and Contracts $ 962,662 Computer Charges $ 276,538 Telecommunications $ 68,800 Total Funds Budgeted $ 24,373,583 State Funds Budgeted $ 23,623,583 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 100,960,794 Personal Services $ 13,420,801 Other Operating $ 83,846,444 Prosecuting Attorney's Council $ 3,022,726 Judicial Administrative Districts $ 1,652,573 Payment to Council of Superior Court Clerks $ 40,500 Payment to Resource Center $ 500,000 Computerized Information Network $ 741,000 Total Funds Budgeted $ 103,224,044 State Funds Budgeted $ 100,960,794 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 7,098,392 $ 6,289,683 Court of Appeals $ 8,471,549 $ 8,421,549 Superior CourtJudges $ 39,809,132 $ 39,735,132 Superior CourtDistrict Attorneys $ 32,135,815 $ 30,911,544 Juvenile Court $ 1,279,908 $ 1,279,908 Institute of Continuing Judicial Education $ 867,114 $ 867,114 Judicial Council $ 5,315,169 $ 5,235,899 Judicial Qualifications Commission $ 166,759 $ 166,759 Indigent Defense Council $ 4,814,709 $ 4,814,709 Georgia Courts Automation Commission $ 2,968,106 $ 2,968,106 Georgia Office Of Dispute Resolution $ 297,391 $ 270,391 Total $ 103,224,044 $ 100,960,794 Section 4. Department of Administrative Services. A . Budget Unit: Department of Administrative Services $ 43,295,169 Personal Services $ 59,511,893 Regular Operating Expenses $ 12,770,190 Travel $ 509,767 Motor Vehicle Purchases $ 794,834 Equipment $ 1,876,908 Computer Charges $ 1,317,478 Real Estate Rentals $ 3,574,350 Telecommunications $ 377,031 Per Diem, Fees and Contracts $ 3,207,952 Rents and Maintenance Expense $ 10,024,892 Utilities $ 0 Payments to DOAS Fiscal Administration $ 0 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 1,334,118 Telephone Billings $ 61,155,300 Radio Billings $ 733,484 Materials for Resale $ 20,039,840 Public Safety Officers Indemnity Fund $ 550,000 Health Planning Review Board Operations $ 35,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 75,000 Alternative Fuels Grant $ 232,500 Total Funds Budgeted $ 178,169,037 State Funds Budgeted $ 43,295,169 Departmental Functional Budgets Total Funds State Funds Administration $ 11,139,342 $ 3,638,278 Statewide Business Services $ 7,696,794 $ 4,270,610 General Support Services $ 31,935,600 $ 232,500 Information Technology $ 120,877,452 $ 30,249,746 State Properties Commission $ 666,886 $ 666,886 Office of the Treasury $ 1,554,571 $ 212,926 State Office of Administrative Hearings $ 4,298,392 $ 4,024,223 Total $ 178,169,037 $ 43,295,169 B . Budget Unit: Georgia Building Authority $ 0 Personal Services $ 20,905,821 Regular Operating Expenses $ 14,521,884 Travel $ 117,000 Motor Vehicle Purchases $ 200,000 Equipment $ 161,800 Computer Charges $ 268,100 Real Estate Rentals $ 15,071 Telecommunications $ 231,723 Per Diem, Fees and Contracts $ 1,095,000 Capital Outlay $ 0 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 37,516,399 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Administration $ 12,680,074 $ 0 Facilities Program $ 2,994,139 $ 0 Operations $ 10,836,713 $ 0 Security $ 6,267,541 $ 0 Sales $ 4,354,784 $ 0 Van Pool $ 383,148 $ 0 Total $ 37,516,399 $ 0 Section 5. Department of Agriculture. A . Budget Unit: Department of Agriculture $ 44,637,459 Personal Services $ 32,612,659 Regular Operating Expenses $ 4,342,615 Travel $ 1,110,000 Motor Vehicle Purchases $ 302,000 Equipment $ 440,136 Computer Charges $ 667,341 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 1,459,741 Market Bulletin Postage $ 1,048,240 Payments to Athens and Tifton Veterinary Laboratories $ 3,241,872 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,917,861 Veterinary Fees $ 275,000 Indemnities $ 35,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 844,667 Cotton Producers Indemnity Fund (HB 148) $ 5,000,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 662,500 Capital Outlay $ 0 ContractFederation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 56,401,692 State Funds Budgeted $ 44,637,459 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,893,293 $ 8,112,293 Animal Industry $ 16,413,009 $ 13,280,874 Marketing $ 6,389,418 $ 2,714,418 Internal Administration $ 7,226,882 $ 7,039,882 Fuel and Measures $ 8,735,723 $ 8,606,023 Consumer Protection Field Forces $ 8,128,189 $ 4,883,969 Seed Technology $ 615,178 $ 0 Total $ 56,401,692 $ 44,637,459

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B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 954,151 Regular Operating Expenses $ 196,667 Travel $ 4,000 Motor Vehicle Purchases $ 0 Equipment $ 5,560 Computer Charges $ 9,500 Real Estate Rentals $ 0 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 69,500 Capital Outlay $ 200,867 Goods for Resale $ 120,000 Total Funds Budgeted $ 1,567,745 State Funds Budgeted $ 0 Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 9,846,715 Personal Services $ 7,997,201 Regular Operating Expenses $ 448,929 Travel $ 403,199 Motor Vehicle Purchases $ 112,380 Equipment $ 136,122 Computer Charges $ 277,396 Real Estate Rentals $ 385,053 Telecommunications $ 73,000 Per Diem, Fees and Contracts $ 13,435 Total Funds Budgeted $ 9,846,715 State Funds Budgeted $ 9,846,715 Section 7. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 36,732,327 Personal Services $ 18,555,435 Regular Operating Expenses $ 2,330,783 Travel $ 543,683 Motor Vehicle Purchases $ 150,000 Equipment $ 414,214 Real Estate Rentals $ 1,395,731 Per Diem, Fees and Contracts $ 1,822,660 Computer Charges $ 790,035 Telecommunications $ 507,228 Capitol Felony Expenses $ 0 Contracts for Regional Planning and Development $ 2,559,945 Local Assistance Grants $ 7,174,250 Appalachian Regional Commission Assessment $ 133,355 HUDCommunity Development Block Pass thru Grants $ 30,000,000 Payment to Georgia Environmental Facilities Authority $ 2,391,383 Vetoed Roy E. Barnes April 12, 1999 Community Service Grants $ 5,000,000 Home Program $ 2,717,047 ARC-Revolving Loan Fund $ 0 Local Development Fund $ 650,000 Downtown Redevelopment Loan Program $ 247,250 Payments to Georgia Music Hall of Fame $ 757,051 Payment to State Housing Trust Fund $ 3,281,250 Payments to Sports Hall of Fame $ 917,937 Regional Economic Business Assistance Grants $ 5,225,000 Vetoed Roy E. Barnes April 12, 1999 State Commission on National and Community Service $ 616,338 EZ/EC Administration $ 189,073 EZ/EC Grants $ 0 Regional Economic Development Grants $ 1,187,500 Contracts for Homeless Assistance $ 1,250,000 HUD Section 8 Rental Assistance $ 50,000,000 Total Funds Budgeted $ 140,807,148 State Funds Budgeted $ 36,732,327 Veto so much of the Appropriation for Contracts for Regional Planning and Devlopment as increases such appropriation above the amount $ 1,959,945 which was appropriated in the General Appropriations Act approved April 20, 1998. Roy E. Barnes 4/12/99 Departmental Functional Budgets Total Funds State Funds Executive Division $ 7,322,413 $ 6,962,175 Planning and Management Division $ 4,612,948 $ 4,399,392 Business and Financial Assistance Division $ 39,023,364 $ 7,498,237 Housing and Finance Division $ 7,552,959 $ 2,717,047 Accounting, Budgeting and Personnel Division $ 6,137,471 $ 4,797,263 Rental Assistance Division $ 55,352,503 $ 0 Administrative and Computer Support Division $ 3,939,673 $ 2,689,324 Georgia Music Hall of Fame Division $ 1,699,708 $ 0 Community Service Division $ 10,632,637 $ 3,676,824 External Affairs Division $ 4,533,472 $ 3,992,065 Total $ 140,807,148 $ 36,732,327 Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 782,170,390 Personal Services $ 521,169,928 Regular Operating Expenses $ 63,039,247 Travel $ 2,424,401 Motor Vehicle Purchases $ 2,194,938 Equipment $ 3,964,660 Computer Charges $ 5,580,060 Real Estate Rentals $ 6,023,610 Telecommunications $ 6,885,410 Per Diem, Fees and Contracts $ 17,403,223 Capital Outlay $ 0 Utilities $ 22,941,813 Court Costs $ 1,200,000 County Subsidy $ 21,888,333 County Subsidy for Jails $ 11,269,055 County Workcamp Construction Grants $ 26,500,000 Central Repair Fund $ 1,093,624 Payments to Central State Hospital for Meals $ 3,784,700 Payments to Central State Hospital for Utilities $ 1,556,055 Payments to Public Safety for Meals $ 577,160 Inmate Release Fund $ 1,458,972 Health Services Purchases $ 80,460,040 Payments to MAG for Health Care Certification $ 66,620 University of GeorgiaCollege of Veterinary Medicine Contracts $ 366,244 Minor Construction Fund $ 894,000 Total Funds Budgeted $ 802,742,093 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 782,170,390 Departmental Functional Budgets Total Funds State Funds Executive Operations $ 43,491,514 $ 42,984,514 Administration $ 13,143,708 $ 12,843,708 Human Resources $ 9,058,203 $ 9,058,203 Field Probation $ 63,742,585 $ 63,262,585 Facilities $ 673,306,083 $ 654,021,380 Total $ 802,742,093 $ 782,170,390 B . Budget Unit: Board of Pardons and Paroles $ 47,017,963 Personal Services $ 36,587,988 Regular Operating Expenses $ 1,692,700 Travel $ 565,000 Motor Vehicle Purchases $ 272,500 Equipment $ 194,425 Computer Charges $ 591,200 Real Estate Rentals $ 2,920,000 Telecommunications $ 965,000 Per Diem, Fees and Contracts $ 2,343,650 County Jail Subsidy $ 860,500 Health Services Purchases $ 25,000 Total Funds Budgeted $ 47,017,963 State Funds Budgeted $ 47,017,963 Section 9. Department of Defense. Budget Unit: Department of Defense $ 5,538,547 Personal Services $ 11,468,131 Regular Operating Expenses $ 10,398,783 Travel $ 42,375 Motor Vehicle Purchases $ 0 Equipment $ 12,000 Computer Charges $ 59,211 Real Estate Rentals $ 24,400 Telecommunications $ 97,973 Per Diem, Fees and Contracts $ 514,200 Capital Outlay $ 0 Total Funds Budgeted $ 22,617,073 State Funds Budgeted $ 5,538,547 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,797,318 $ 1,541,077 Georgia Air National Guard $ 5,910,336 $ 683,290 Georgia Army National Guard $ 14,909,419 $ 3,314,180 Total $ 22,617,073 $ 5,538,547 Section 10. State Board of Education Department of Education. A . Budget Unit: Department of Education $ 4,827,307,403 Operations: Personal Services $ 36,659,106 Regular Operating Expenses $ 7,391,508 Travel $ 1,376,889 Motor Vehicle Purchases $ 0 Equipment $ 93,497 Computer Charges $ 21,291,061 Real Estate Rentals $ 1,351,240 Telecommunications $ 1,227,256 Per Diem, Fees and Contracts $ 57,137,664 Utilities $ 793,952 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1-3 $ 1,172,174,614 Grades 4-8 $ 987,512,204 Grades 9-12 $ 410,106,751 High School Laboratories $ 199,517,094 Vocational Education Laboratories $ 140,115,200 Special Education $ 496,109,697 Gifted $ 87,917,703 Remedial Education $ 107,842,382 Staff Development and Professional Development $ 35,306,586 Media $ 126,497,757 Indirect Cost $ 769,988,915 Pupil Transportation $ 151,357,028 Local Fair Share $ (806,623,477) Mid-Term Adjustment Reserve $ 86,558,048 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants: Equalization Formula $ 204,279,413 Sparsity Grants $ 3,158,000 In School Suspension $ 30,151,010 Special Instructional Assistance $ 103,079,409 Middle School Incentive $ 93,216,695 Special Education LowIncidence Grants $ 620,134 Limited English-Speaking Students Program $ 22,468,186 Non-QBE Grants: Education of Children of Low-Income Families $ 235,850,010 Retirement (H.B. 272 and H.B. 1321) $ 5,508,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 2,300,000 Severely Emotionally Disturbed $ 49,458,630 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 33,469,043 State and Local Education Improvement $ 4,962,356 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,491,147 Regional Education Service Agencies $ 10,496,210 Georgia Learning Resources System $ 3,699,262 High School Program $ 31,291,008 Special Education in State Institutions $ 3,884,639 Governor's Scholarships $ 3,603,824 Counselors $ 12,205,002 Vocational Research and Curriculum $ 293,520 Even Start $ 2,907,636 PSAT $ 756,500 Student Record $ 981,050 Year 2000 Project Funding $ 1,033,871 Child Care Lunch Program (Federal) $ 89,190,742 Chapter IIBlock Grant Flow Through $ 9,913,513 Payment of Federal Funds to Board of Technical and Adult Education $ 17,650,639 Education of Homeless Children/Youth $ 749,301 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) $ 1,047,000 Health InsuranceNon-Cert. Personnel and Retired Teachers $ 99,547,892 Pre-School Handicapped Program $ 18,613,363 Mentor Teachers $ 1,250,000 Advanced Placement Exams $ 1,608,000 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 $ 7,618,000 Mentoring Program $ 500,000 Charter Schools $ 1,164,604 Technology Specialist $ 15,401,836 Migrant Education $ 274,395 Total Funds Budgeted $ 5,504,928,593 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 4,827,307,403 Departmental Functional Budgets Total Funds State Funds State Administration $ 11,959,835 $ 9,964,952 Student Learning and Assessment $ 45,756,179 $ 39,901,646 Governor's Honors Program $ 1,261,927 $ 1,184,338 Quality and School Support $ 8,316,143 $ 6,027,581 Federal Programs $ 7,463,466 $ 482,894 Technology $ 33,133,866 $ 31,437,995 Professional Practices $ 0 $ 0 Local Programs $ 5,377,956,420 $ 4,722,347,154 Georgia Academy for the Blind $ 5,706,124 $ 5,295,437 Georgia School for the Deaf $ 4,748,090 $ 4,508,563 Atlanta Area School for the Deaf $ 5,525,035 $ 5,044,293 Office of School Readiness $ 3,101,508 $ 1,112,550 Total $ 5,504,928,593 $ 4,827,307,403 B . Budget Unit: Lottery for Education $ 324,585,972 Pre-KindergartenGrants $ 209,288,979 Pre-KindergartenPersonal Service $ 1,992,303 Pre-KindergartenOperations $ 5,047,677 Applied Technology Labs $ 3,300,000 Financial and Management Equipment $ 9,006,730 Alternative Programs $ 0 Educational Technology Centers $ 660,000 Distant LearningSatellite Dishes $ 0 Fort Discovery National Science Center $ 1,500,000 Capital Outlay $ 60,938,547 Post Secondary Options $ 4,064,736 Learning Logic Sites $ 0 Assistive Technology $ 2,000,000 Computers in the Classroom $ 26,787,000 Total Funds Budgeted $ 324,585,972 Lottery Funds Budgeted $ 325,585,972 Section 11. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 673,425 Personal Services $ 2,498,569 Regular Operating Expenses $ 245,100 Travel $ 22,000 Motor Vehicle Purchases $ 0 Equipment $ 1,450 Computer Charges $ 2,599,117 Real Estate Rentals $ 327,900 Telecommunications $ 44,001 Per Diem, Fees and Contracts $ 1,363,105 Benefits to Retirees $ 673,425 Total Funds Budgeted $ 7,774,667 State Funds Budgeted $ 673,425 Section 12. Forestry Commission . Budget Unit: Forestry Commission $ 38,218,400 Personal Services $ 29,062,867 Regular Operating Expenses $ 5,753,394 Travel $ 162,613 Motor Vehicle Purchases $ 1,541,975 Equipment $ 4,169,581 Computer Charges $ 347,500 Real Estate Rentals $ 21,420 Telecommunications $ 1,160,555 Per Diem, Fees and Contracts $ 813,221 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 $ 43,363,378 State Funds Budgeted $ 38,218,400 Departmental Functional Budgets Total Funds State Funds Reforestation $ 2,057,502 $ 28,901 Field Services $ 36,829,387 $ 33,881,165 General Administration and Support $ 4,476,489 $ 4,308,334 Total $ 43,363,378 $ 38,218,400 Section 13. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 53,289,340 Personal Services $ 40,274,591 Regular Operating Expenses $ 5,317,001 Travel $ 441,379 Motor Vehicle Purchases $ 294,000 Equipment $ 1,252,540 Computer Charges $ 1,755,400 Real Estate Rentals $ 380,645 Telecommunications $ 1,014,739 Per Diem, Fees and Contracts $ 2,075,045 Evidence Purchased $ 484,000 Capital Outlay $ 0 Total Funds Budgeted $ 53,289,340 State Funds Budgeted $ 53,289,340 Departmental Functional Budgets Total Funds State Funds Administration $ 4,378,333 $ 4,378,333 Investigative $ 25,861,032 $ 25,861,032 Georgia Crime Information Center $ 9,765,301 $ 9,765,301 Forensic Sciences $ 13,284,674 $ 13,284,674 Total $ 53,289,340 $ 53,289,340 Section 14. Office of the Governor . A . Budget Unit: Office of the Governor $ 51,024,074 Personal Services $ 16,836,717 Regular Operating Expenses $ 1,053,218 Travel $ 242,403 Motor Vehicle Purchases $ 0 Equipment $ 99,204 Computer Charges $ 672,698 Real Estate Rentals $ 1,074,101 Telecommunications $ 486,884 Per Diem, Fees and Contracts $ 3,890,769 Cost of Operations $ 3,279,146 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 12,861,789 Intern Stipends and Travel $ 148,913 Art Grants of State Funds $ 4,010,000 Art Grants of Non-State Funds $ 241,500 Humanities GrantState Funds $ 175,000 Art AcquisitionsState Funds $ 0 Children and Youth Grants $ 262,605 Juvenile Justice Grants $ 1,915,800 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 GrantsLocal EMA $ 1,085,968 GrantsOther $ 0 GrantsCivil Air Patrol $ 57,000 Transition Fund $ 50,000 FloodContingency $ 10,000,000 Total Funds Budgeted $ 59,268,115 State Funds Budgeted $ 51,024,274 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 26,379,848 $ 26,379,848 Office of Equal Opportunity $ 1,055,863 $ 796,693 Office of Planning and Budget $ 7,917,274 $ 7,917,274 Council for the Arts $ 5,282,330 $ 4,649,681 Office of Consumer Affairs $ 3,406,398 $ 3,287,398 Georgia Information Technology Policy Council $ 693,695 $ 693,695 Criminal Justice Coordinating Council $ 1,417,092 $ 307,193 Children and Youth Coordinating Council $ 2,753,055 $ 583,967 Human Relations Commission $ 308,849 $ 308,849 Professional Standards Commission $ 4,982,203 $ 4,982,203 Georgia Emergency Management Agency $ 5,071,508 $ 1,117,273 Governor's Commission for the Privatization of Government Services $ 0 $ 0 Total $ 59,268,115 $ 51,024,074 Section 15. Department of Human Resources . A . Budget Unit: Departmental Operations $ 1,217,194,421 1 . General Administration and Support Budget : Personal Services $ 75,289,056 Regular Operating Expenses $ 2,804,309 Travel $ 1,734,518 Motor Vehicle Purchases $ 1,573,678 Equipment $ 111,313 Real Estate Rentals $ 4,667,716 Per Diem, Fees and Contracts $ 9,672,474 Computer Charges $ 45,057,557 Telecommunications $ 9,344,247 Special Purpose Contracts $ 0 Service Benefits for Children $ 46,736,389 Purchase of Service Contracts $ 55,927,874 Major Maintenance and Construction $ 89,214 Postage $ 830,352 Payments to DMA-Community Care $ 22,413,965 Grants to County DFACSOperations $ 1,278,116 Operating Expenses $ 714,564 Total Funds Budgeted $ 278,245,342 Indirect DOAS Services Funding $ 3,982,840 State Funds Budgeted $ 158,086,253 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,063,023 $ 1,063,023 Office of Planning and Budget Services $ 4,099,356 $ 4,099,356 Office of Adoption $ 7,496,417 $ 5,430,588 Children's Community Based Initiative $ 8,477,499 $ 8,102,499 Troubled Children's Placements $ 1,285,580 $ 1,285,580 Human Resources Development $ 111,648 $ 111,648 Rural Health $ 46,736,389 $ 33,585,726 Technology and Support $ 83,779,292 $ 46,778,190 Facilities Management $ 5,326,156 $ 4,076,660 Regulatory ServicesProgram Direction and Support $ 592,106 $ 582,106 Child Care Licensing $ 3,119,082 $ 3,092,513 Health Care Facilities Regulation $ 10,775,409 $ 5,099,493 Fraud and Abuse $ 6,440,923 $ 2,318,527 Financial Services $ 7,095,283 $ 5,745,248 Auditing Services $ 1,932,078 $ 1,932,078 Personnel Administration $ 7,000,098 $ 7,000,098 Transportation Services $ 9,175,212 $ 767,434 Indirect Cost $ 0 $ (14,714,419) Policy and Government Services $ 1,297,150 $ 1,297,150 Aging Services $ 68,930,274 $ 38,654,945 State Health Planning Agency $ 1,828,646 $ 1,728,646 DD Council $ 1,683,721 $ 49,164 Total $ 278,245,342 $ 158,086,253 2 . Public Health Budget : Personal Services $ 49,747,200 Regular Operating Expenses $ 75,501,063 Travel $ 850,046 Motor Vehicle Purchases $ 0 Equipment $ 195,367 Real Estate Rentals $ 1,283,987 Per Diem, Fees and Contracts $ 5,178,731 Computer Charges $ 0 Telecommunications $ 904,761 Special Purpose Contracts $ 330,732 Purchase of Service Contracts $ 16,723,789 Grant-In-Aid to Counties $ 142,417,964 Major Maintenance and Construction $ 34,500 Postage $ 190,457 Medical Benefits $ 5,222,222 Total Funds Budgeted $ 298,580,819 Indirect DOAS Services Funding $ 324,160 State Funds Budgeted $ 161,790,916 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 13,187,156 $ 13,060,221 Newborn Follow-Up Care $ 1,621,801 $ 1,343,698 Oral Health $ 1,728,103 $ 1,402,928 Stroke and Heart Attack Prevention $ 2,264,400 $ 1,151,788 Sickle Cell, Vision and Hearing $ 4,556,076 $ 3,789,257 High-Risk Pregnant Women and Infants $ 5,148,516 $ 5,148,516 Sexually Transmitted Diseases $ 3,142,667 $ 1,081,142 Family Planning $ 10,914,939 $ 5,837,156 Women, Infants and Children Nutrition $ 83,836,266 $ 0 Grant in Aid to Counties $ 71,867,335 $ 70,713,563 Children's Medical Services $ 13,224,198 $ 6,532,632 Emergency Health $ 3,781,966 $ 2,431,253 Primary Health Care $ 1,541,005 $ 1,433,783 Epidemiology $ 1,709,774 $ 1,457,633 Immunization $ 1,566,915 $ 0 Community Tuberculosis Control $ 5,858,685 $ 4,360,684 Family Health Management $ 947,765 $ 647,705 Infant and Child Health $ 1,072,210 $ 584,991 Maternal HealthPerinatal $ 2,642,740 $ 1,161,007 Chronic Disease $ 213,052 $ 213,052 Diabetes $ 583,309 $ 583,309 Cancer Control $ 5,292,059 $ 5,292,059 Director's Office $ 1,899,972 $ 1,642,788 Injury Control $ 358,474 $ 215,836 Vital Records $ 1,951,438 $ 1,696,341 Health Services Research $ 539,144 $ 539,144 Environmental Health $ 1,970,860 $ 1,458,987 Laboratory Services $ 6,888,271 $ 6,618,271 Community Health Management $ 173,874 $ 173,874 AIDS $ 10,562,837 $ 6,118,781 Drug and Clinic Supplies $ 10,740,045 $ 2,640,380 Adolescent Health $ 13,257,102 $ 2,906,090 Public HealthPlanning Councils $ 181,710 $ 164,213 Early Intervention $ 13,356,155 $ 11,015,451 Public HealthDivision Indirect Cost $ 0 $ (1,625,617) Total $ 298,580,819 $ 161,790,916 3 . Rehabilitation Services Budget : Personal Services $ 83,971,553 Regular Operating Expenses $ 11,608,147 Travel $ 1,567,496 Motor Vehicle Purchases $ 50,582 Equipment $ 803,072 Real Estate Rentals $ 5,103,781 Per Diem, Fees and Contracts $ 10,841,499 Computer Charges $ 302,541 Telecommunications $ 2,360,907 Case Services $ 32,289,559 Special Purpose Contracts $ 735,245 Purchase of Services Contracts $ 11,883,883 Major Maintenance and Construction $ 255,000 Utilities $ 859,650 Postage $ 649,007 Total Funds Budgeted $ 163,281,922 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,827,608 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services $ 62,830,592 $ 13,578,602 Independent Living $ 768,949 $ 333,969 Employability Services $ 511,903 $ 511,903 Community Facilities $ 10,471,695 $ 2,851,205 Program Direction and Support $ 1,634,051 $ 566,944 Grants Management $ 744,540 $ 744,540 Disability Adjudication $ 46,035,799 $ 0 Georgia Factory for Blind $ 12,333,607 $ 911,649 Roosevelt Warm Springs Institute $ 27,950,786 $ 5,328,796 Total $ 163,281,922 $ 24,827,608 4 . Family and Children Services Budget : Personal Services $ 30,010,070 Regular Operating Expenses $ 4,405,294 Travel $ 885,885 Motor Vehicle Purchases $ 0 Equipment $ 443,950 Real Estate Rentals $ 3,745,843 Per Diem, Fees and Contracts $ 27,026,214 Computer Charges $ 0 Telecommunications $ 1,059,070 Children's Trust Fund $ 3,992,945 Cash Benefits $ 281,422,326 Special Purpose Contracts $ 7,067,433 Service Benefits for Children $ 258,239,622 Purchase of Service Contracts $ 31,016,860 Postage $ 2,037,559 Grants to County DFACSOperations $ 339,077,955 Total Funds Budgeted $ 990,431,026 Indirect DOAS Services Funding $ 0 State Funds Budgeted $ 358,858,882 Departmental Functional Budgets Total Funds State Funds Director's Office $ 595,539 $ 595,539 Social Services $ 3,830,645 $ 3,318,604 Administrative Support $ 2,768,398 $ 2,489,095 Quality Assurance $ 4,199,523 $ 4,199,523 Community Services $ 11,592,055 $ 1,311,682 Field Management $ 1,243,216 $ 1,243,216 Human Resources Management $ 2,458,110 $ 1,452,319 Public Assistance $ 5,047,288 $ 3,151,178 Child Support Recovery $ 44,488,295 $ 4,657,315 Temporary Assistance for Needy Families $ 271,131,764 $ 53,247,444 SSISupplemental Benefits $ 1,122,012 $ 1,122,012 Refugee Programs $ 2,799,420 $ 0 Energy Benefits $ 7,223,130 $ 0 County DFACS OperationsEligibility $ 121,788,835 $ 60,005,156 County DFACS OperationsSocial Services $ 100,017,177 $ 37,725,200 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS OperationsHomemakers Services $ 8,649,308 $ 2,530,614 County DFACS OperationsJoint and Administration $ 85,839,926 $ 39,671,326 County DFACS OperationsEmployability Program $ 22,782,709 $ 8,507,737 Employability Benefits $ 45,257,515 $ 15,861,742 Legal Services $ 4,290,503 $ 2,520,990 Family Foster Care $ 36,785,262 $ 23,915,275 Institutional Foster Care $ 15,693,415 $ 11,320,907 Specialized Foster Care $ 6,646,142 $ 5,798,815 Adoption Supplement $ 19,610,612 $ 14,010,181 Prevention of Foster Care $ 10,044,785 $ 8,218,081 Day Care $ 143,445,622 $ 53,611,937 Special Projects $ 3,896,123 $ 3,856,123 Children's Trust Fund $ 3,992,945 $ 3,992,945 Indirect Cost $ 0 $ (9,476,074) Total $ 990,431,026 $ 358,858,882 5 . Community Mental Health/Mental Retardation and Institutions : Personal Services $ 290,156,988 Operating Expenses $ 50,366,612 Motor Vehicle Equipment Purchases $ 200,000 Utilities $ 10,239,760 Major Maintenance and Construction $ 3,223,161 Community Services $ 340,653,552 Total Funds Budgeted $ 694,840,073 Indirect DOAS Services Funding $ 1,313,100 State Funds Budgeted $ 513,630,762 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 37,317,489 $ 22,447,722 Augusta Regional Hospital $ 15,642,617 $ 13,755,725 Northwest Regional Hospital at Rome $ 27,519,374 $ 17,097,991 Georgia Regional Hospital at Atlanta $ 41,882,261 $ 30,901,924 Central State Hospital $ 118,468,958 $ 77,795,168 Georgia Regional Hospital at Savannah $ 17,709,411 $ 16,078,590 Gracewood State School and Hospital $ 53,750,270 $ 29,700,574 West Central Regional Hospital $ 19,986,906 $ 17,200,667 Outdoor Therapeutic Programs $ 3,975,087 $ 3,056,433 Metro Drug Abuse Centers $ 1,091,647 $ 955,131 Substance Abuse Residential Services $ 552,908 $ 0 Community Mental Health Services $ 176,931,215 $ 171,000,084 Community Mental Retardation Services $ 96,670,593 $ 65,498,114 Community Substance Abuse Services $ 69,845,218 $ 37,989,981 State Administration $ 8,394,444 $ 5,829,287 Regional Administration $ 5,101,675 $ 4,323,371 Total $ 694,840,073 $ 513,630,762 Budget Unit Object Classes : Personal Services $ 529,174,867 Regular Operating Expenses $ 94,318,813 Travel $ 5,037,945 Motor Vehicle Purchases $ 1,824,260 Equipment $ 1,553,702 Real Estate Rentals $ 14,801,327 Per Diem, Fees and Contracts $ 52,718,918 Computer Charges $ 45,360,098 Telecommunications $ 13,668,985 Operating Expenses $ 51,081,176 Community Services $ 340,653,552 Case Services $ 32,289,559 Children's Trust Fund $ 3,992,945 Cash Benefits $ 281,422,326 Special Purpose Contracts $ 8,133,410 Service Benefits for Children $ 304,976,011 Purchase of Service Contracts $ 115,552,406 Grant-In-Aid to Counties $ 142,417,964 Major Maintenance and Construction $ 3,601,875 Utilities $ 11,099,410 Postage $ 3,707,375 Payments to DMA-Community Care $ 22,413,965 Grants to County DFACSOperations $ 340,356,071 Medical Benefits $ 5,222,222 Section 16. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 23,256,380 Personal Services $ 11,373,225 Regular Operating Expenses $ 1,446,549 Travel $ 647,475 Motor Vehicle Purchases $ 16,200 Equipment $ 95,067 Computer Charges $ 459,480 Real Estate Rentals $ 848,245 Telecommunications $ 400,700 Per Diem, Fees and Contracts $ 1,663,030 Local Welcome Center Contracts $ 250,600 Marketing $ 6,005,809 Georgia Ports Authority Lease Rentals $ 0 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 23,256,380 State Funds Budgeted $ 23,256,380 Departmental Functional Budgets Total Funds State Funds Administration $ 8,178,950 $ 8,178,950 Economic Development $ 4,574,038 $ 4,574,038 Trade $ 1,766,560 $ 1,766,560 Tourism $ 4,534,149 $ 4,534,149 Georgia Legacy $ 1,534,279 $ 1,534,279 Strategic Planning and Research $ 2,668,404 $ 2,668,404 Total $ 23,256,380 $ 23,256,380 Section 17. Department of Insurance . Budget Unit Unit: Department of Insurance $ 15,781,902 Personal Services $ 14,486,323 Regular Operating Expenses $ 689,017 Travel $ 446,000 Motor Vehicle Purchases $ 122,500 Equipment $ 46,879 Computer Charges $ 160,778 Real Estate Rentals $ 816,991 Telecommunications $ 328,712 Per Diem, Fees and Contracts $ 144,658 Health Care Utilization Review $ 0 Total Funds Budgeted $ 17,241,858 State Funds Budgeted $ 15,781,902 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,210,382 $ 4,210,382 Insurance Regulation $ 6,095,406 $ 6,095,406 Industrial Loans Regulation $ 620,037 $ 620037 Fire Safety and Mobile Home Regulations $ 5,511,356 $ 4,051,400 Special Insurance Fraud Fund $ 804,677 $ 804,677 Total $ 17,241,858 $ 15,781,902 Section 18. Department of Juvenile Justice . Budget Unit: Department of Juvenile Justice $ 215,253,274 Personal Services $ 125,616,777 Regular Operating Expenses $ 13,945,080 Travel $ 1,346,330 Motor Vehicle Purchases $ 536,615 Equipment $ 605,778 Computer Charges $ 2,129,328 Real Estate Rentals $ 2,051,185 Telecommunications $ 1,404,873 Per Diem, Fees and Contracts $ 13,236,729 Utilities $ 3,540,020 Institutional Repairs and Maintenance $ 652,485 Grants to County-Owned Detention Centers $ 0 Service Benefits for Children $ 24,020,998 Purchase of Service Contracts $ 30,330,105 Capital Outlay $ 1,307,545 Juvenile Justice Reserve $ 0 Total Funds Budgeted $ 220,723,848 State Funds Budgeted $ 215,253,274

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Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 44,867,224 $ 44,303,826 Bill Ireland YDC $ 18,459,161 $ 17,795,649 Augusta State YDC $ 12,727,620 $ 12,221,190 Lorenzo Benn YDC $ 7,920,663 $ 7,690,679 Macon State YDC $ 6,662,309 $ 3,364,750 Wrightsville YDC $ 16,506,511 $ 15,838,421 YDC Purchased Services $ 27,237,559 $ 26,407,384 Eastman YDC $ 11,927,061 $ 11,567,061 Court Services $ 22,507,398 $ 22,244,903 Day Centers $ 413,799 $ 413,799 Group Homes $ 1,028,644 $ 1,028,644 CYS Purchased Services $ 26,263,205 $ 25,304,872 Georgia Addiction Pregnancy and Parenting Project $ 150,000 $ 150,000 Law Enforcement Office $ 1,955,246 $ 1,955,246 Assessment and Classification $ 551,455 $ 551,455 Multi-Service Centers $ 3,981,645 $ 3,891,645 Youth Service Administration $ 17,564,348 $ 17,543,750 Total $ 220,723,848 $ 215,253,274 Section 19. Department of Labor . Budget Unit: Department of Labor $ 11,251,054 Personal Services 76,580,323 Regular Operating Expenses $ 6,891,518 Travel $ 1,339,327 Motor Vehicle Purchases $ 0 Equipment $ 465,488 Computer Charges $ 3,200,000 Real Estate Rentals $ 2,017,900 Telecommunications $ 1,467,439 Per Diem, Fees and Contracts (JTPA) 54,500,000 Per Diem, Fees and Contracts $ 5,348,867 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 0 Total Funds Budgeted $ 153,584,941 State Funds Budgeted $ 11,251,054 Section 20. Department of Law . Budget Unit: Department of Law $ 13,837,210 Personal Services $ 13,068,257 Regular Operating Expenses $ 816,949 Travel $ 199,322 Motor Vehicle Purchases $ 0 Equipment $ 21,000 Computer Charges $ 305,201 Real Estate Rentals $ 826,548 Telecommunications $ 145,924 Per Diem, Fees and Contracts $ 16,160,000 Books for State Library $ 147,000 Total Funds Budgeted $ 31,690,201 State Funds Budgeted $ 13,837,210 Section 21. Department of Medical Assistance . A . Budget Unit: Medicaid Services $ 1,198,280,467 Personal Services 19,405,881 Regular Operating Expenses $ 5,732,000 Travel $ 312,930 Motor Vehicle Purchases $ 165,000 Equipment $ 222,000 Computer Charges $ 40,361,600 Real Estate Rentals $ 892,880 Telecommunications $ 566,600 Per Diem, Fees and Contracts $ 114,237,915 Medicaid Benefits, Penalties and Disallowances $ 3,233,995,300 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,416,664,606 State Funds Budgeted $ 1,198,280,467 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,720,407 $ 794,527 Benefits, Penalties and Disallowances $ 3,233,995,300 $ 1,143,353,658 System Management $ 46,442,745 $ 12,998,623 Indemnity Chronic Care $ 6,411,348 $ 2,521,414 Quality, Eligibility and Third Party Liability $ 3,759,211 $ 1,376,806 Reimbursement Services $ 3,134,856 $ 1,520,621 Indemnity Acute Care $ 7,524,607 $ 2,655,223 Legal and Regulatory $ 7,304,892 $ 3,293,271 Managed Care $ 54,209,831 $ 26,957,164 General Administration $ 52,161,409 $ 2,809,160 Total $ 3,416,664,606 $ 1,198,280,467 B . Budget Unit: Indigent Trust Fund $ 148,828,880 Per Diem, Fees and Contracts $ 8,200,000 Benefits $ 364,183,084 Total Funds Budgeted $ 372,383,084 State Funds Budgeted $ 148,828,880 C . Budget Unit: PeachCare for Kids $ 8,623,130 Personal Services $ 410,607 Regular Operating Expenses $ 407,634 Travel $ 50,000 Motor Vehicle Purchases $ 0 Equipment $ 12,000 Computer Charges $ 271,700 Real Estate Rentals $ 0 Telecommunications $ 14,950 Per Diem, Fees and Contracts $ 6,060,893 PeachCare Benefits $ 25,421,432 Total Funds Budgeted $ 32,649,216 State Funds Budgeted $ 8,623,130 Section 22. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 32,500,000 Personal Services $ 9,324,819 Regular Operating Expenses $ 1,948,626 Travel $ 107,000 Equipment $ 30,495 Real Estate Rents $ 895,630 Per Diem, Fees and Contracts $ 261,302,453 Computer Charges $ 3,613,928 Telecommunications $ 337,915 Health Insurance Payments $ 958,879,243 Total Funds Budgeted $ 1,236,440,109 Federal Funds $ 0 Other Agency Funds $ 1,139,025 Agency Assessments $ 10,239,210 Employee and Employer Contributions $ 1,192,213,501 Deferred Compensation $ 348,373 State Funds Budgeted $ 32,500,000 Departmental Functional Budgets Total Funds State Funds Executive Office $ 1,564,340 $ 0 Human Resource Administration $ 5,314,686 $ 0 Employee Benefits $ 1,225,138,628 $ 32,500,000 Internal Administration $ 4,422,455 $ 0 Children's Health Insurance Program $ 0 $ 0 Total $ 1,236,440,109 $ 32,500,000 Section 23. Department of Natural Resources . A . Budget Unit: Department of Natural Resources $ 109,910,803 Personal Services $ 77,269,779 Regular Operating Expenses $ 14,195,445 Travel $ 623,961 Motor Vehicle Purchases $ 1,805,910 Equipment $ 2,591,559 Real Estate Rentals $ 2,444,702 Per Diem, Fees and Contracts $ 10,668,329 Computer Charges $ 836,964 Telecommunications $ 1,282,872 Authority Lease Rentals $ 0 Advertising and Promotion $ 1,050,000 Cost of Material for Resale $ 1,304,556 Capital Outlay : New Construction $ 1,082,457 Repairs and Maintenance $ 3,088,000 Land Acquisition Support $ 213,750 Wildlife Management Area Land Acquisition $ 722,330 Shop StockParks $ 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 $ 161,000 Recreation $ 500,000 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 $ 208,272 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 Payments to Civil War Commission $ 36,015 Hazardous Waste Trust Fund $ 12,790,539 Solid Waste Trust Fund $ 6,132,574 Payments to Georgia Agricultural Exposition Authority $ 2,352,071 Payments to McIntosh County $ 100,000 Total Funds Budgeted $ 144,907,382 Receipts from Jekyll Island State Park Authority $ 891,069 Receipts from Stone Mountain Memorial Association $ 0 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,429,219 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 109,910,803

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Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 5,180,869 $ 5,165,869 Program Support $ 4,128,106 $ 4,128,106 Historic Preservation $ 2,851,772 $ 2,361,772 Parks, Recreation and Historic Sites $ 38,348,533 $ 19,483,646 Coastal Resources $ 2,546,030 $ 2,051,312 Wildlife Resources $ 37,774,481 $ 32,427,690 Environmental Protection $ 53,118,838 $ 43,333,655 Pollution Prevention Assistance $ 958,753 $ 958,753 Total $ 144,907,382 $ 109,910,803 B . Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 2,920,177 Regular Operating Expenses $ 2,304,978 Travel $ 25,000 Motor Vehicle Purchases $ 0 Equipment $ 95,000 Computer Charges $ 40,000 Real Estate Rentals $ 0 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 695,000 Capital Outlay $ 0 Total Funds Budgeted $ 6,150,155 State Funds Budgeted $ 0 Department Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 6,150,155 $ 0

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Section 24. Department of Public Safety. A . Budget Unit: Department of Public Safety $ 104,480,478 1 . Operations Budget : Personal Services $ 63,329,195 Regular Operating Expenses $ 7,801,357 Travel $ 104,095 Motor Vehicle Purchases $ 4,311,500 Equipment $ 288,190 Computer Charges $ 3,147,710 Real Estate Rentals $ 28,962 Telecommunications $ 1,944,147 Per Diem, Fees and Contracts $ 1,132,000 State Patrol Posts Repairs and Maintenance $ 145,100 Capital Outlay $ 0 Conviction Reports $ 0 Total Funds Budgeted $ 82,232,256 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 80,582,256 2 . Driver Services Budget : Personal Services $ 19,190,478 Regular Operating Expenses $ 1,112,113 Travel $ 61,941 Motor Vehicle Purchases $ 0 Equipment $ 62,343 Computer Charges $ 9,000 Real Estate Rentals $ 47,262 Telecommunications $ 273,300 Per Diem, Fees and Contracts $ 69,000 Capital Outlay $ 0 Conviction Reports $ 303,651 State Patrol Posts Repairs and Maintenance $ 34,900 Driver License Processing $ 2,734,234 Total Funds Budgeted $ 23,898,222 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 23,898,222 Departmental Functional Budgets Total Funds State Funds Administration $ 21,763,287 $ 20,263,287 Driver Services $ 23,898,222 $ 23,898,222 Field Operations $ 60,468,969 $ 60,318,969 Total $ 106,130,478 $ 104,480,478 B . Budget Unit: Units Attached for Administrative Purposes Only $ 14,843,486 Attached Units Budget : Personal Services $ 8,293,835 Regular Operating Expenses $ 2,587,526 Travel $ 94,010 Motor Vehicle Purchases $ 64,220 Equipment $ 393,546 Computer Charges $ 148,442 Real Estate Rentals $ 156,997 Telecommunications $ 207,037 Per Diem, Fees and Contracts $ 488,533 Highway Safety Grants $ 2,425,200 Training of Personnel under the Georgia Peace Officer Standards and Training Act $ 3,603,386 Capital Outlay $ 300,000 Total Funds Budgeted $ 18,762,732 State Funds Budgeted $ 14,843,486 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,118,086 $ 348,840 Georgia Peace Officers Standards and Training $ 1,514,787 $ 1,514,787 Police Academy $ 1,161,166 $ 1,071,166 Fire Academy $ 1,149,978 $ 1,039,978 Georgia Firefighters Standards and Training Council $ 456,885 $ 456,885 Georgia Public Safety Training Facility $ 11,361,830 $ 10,411,830 Total $ 18,762,732 $ 14,843,486

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Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 17,642,000 Payments to Employees' Retirement System $ 575,000 Employer Contributions $ 17,067,000 Total Funds Budgeted $ 17,642,000 State Funds Budgeted $ 17,642,000 Section 26. Public Service Commission. Budget Unit: Public Service Commission $ 9,543,799 Personal Services $ 7,767,274 Regular Operating Expenses $ 670,486 Travel $ 278,106 Motor Vehicle Purchases $ 309,500 Equipment $ 71,526 Computer Charges $ 404,786 Real Estate Rentals $ 330,108 Telecommunications $ 168,202 Per Diem, Fees and Contracts $ 2,379,981 Total Funds Budgeted $ 12,379,969 State Funds Budgeted $ 9,543,799 Departmental Functional Budgets Total Funds State Funds Administration $ 3,243,720 $ 3,243,720 Transpotation $ 4,186,195 $ 1,580,886 Utilities $ 4,950,054 $ 4,719,193 Total $ 12,379,969 $ 9,543,799 Section 27. Board of Regents, University System of Georgia. A . Budget Unit: Resident Instruction $ 1,398,804,942 Personal Services: Educ., Gen., and Dept. Svcs $ 1,455,407,686 Sponsored Operations $ 215,731,047 Operating Expenses: Educ., Gen., and Dept. Svcs $ 454,183,917 Sponsored Operations $ 637,169,805 Special Funding Initiative $ 31,420,581 Office of Minority Business Enterprise $ 990,354 Student Education Enrichment Program $ 361,267 Forestry Research $ 954,461 Research Consortium $ 46,710,000 Capital Outlay $ 17,167,263 Total Funds Budgeted $ 2,860,096,381 Departmental Income $ 103,648,940 Sponsored Income $ 852,900,852 Other Funds $ 501,702,147 Indirect DOAS Services Funding $ 3,039,500 State Funds Budgeted $ 1,398,804,942 B . Budget Unit: Regents Central Office and Other Organized Activities $ 191,622,861 Personal Services: Educ., Gen., and Dept. Svcs $ 290,767,410 Sponsored Operations $ 118,215,795 Operating Expenses: Educ., Gen., and Dept. Svcs $ 130,524,657 Sponsored Operations $ 70,293,453 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,632,448 Advanced Technology Development Center/Economic Development Institute $ 17,127,687 Capitation Contracts for Family Practice Residency $ 4,312,000 Residency Capitation Grants $ 1,974,000 Student Preceptorships $ 176,400 Mercer Medical School Grant $ 7,660,000 Morehouse School of Medicine Grant $ 7,394,890 Capital Outlay $ 500,000 Center for Rehabilitation Technology $ 4,567,076 SREB Payments $ 5,577,775 Medical Scholarships $ 1,588,578 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 1,276,071 CRT Inc. Contract at Georgia Tech Research Institute $ 179,214 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 16,474,791 Pediatric Residency Capitation Contracts $ 480,000 Total Funds Budgeted $ 682,522,245 Departmental Income $ 3,576,811 Sponsored Income $ 199,211,819 Other Funds $ 287,567,254 Indirect DOAS Services Funding $ 543,500 State Funds Budgeted $ 191,622,861 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 2,366,695 $ 1,515,836 Skidaway Institute of Oceanography $ 5,206,075 $ 1,731,075 Marine Institute $ 1,631,699 $ 1,066,845 Georgia Tech Research Institute $ 109,739,028 $ 9,299,364 Advanced Technology Development Center/Economic Development Institute $ 17,127,687 $ 7,692,033 Agricultural Experiment Station $ 71,960,073 $ 42,320,924 Cooperative Extension Service $ 58,273,929 $ 34,086,429 Medical College of Georgia Hospital and Clinics $ 345,265,352 $ 34,591,288 Veterinary Medicine Experiment Station $ 3,174,529 $ 3,174,529 Veterinary Medicine Teaching Hospital $ 5,205,161 $ 545,004 Georgia Board for Physician Workforce $ 27,787,441 $ 27,787,441 Georgia Radiation Therapy Center $ 3,511,664 $ 0 Athens and Tifton Veterinary Laboratories $ 3,484,976 $ 131,006 Regents Central Office $ 27,787,936 $ 27,681,087 Total $ 682,522,245 $ 191,622,861

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C . Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 10,334,700 Operating Expenses $ 8,870,865 General Programming $ 3,889,958 Distance Learning Programming $ 6,702,234 Capital Outlay $ 90,000 Total Funds Budgeted $ 29,887,757 Other Funds $ 29,887,757 State Funds Budgeted $ 0 D . Budget Unit: Lottery for Education $ 26,885,000 Equipment, Technology and Construction Trust Fund $ 15,000,000 Georgia Public Telecommunications Commission $ 2,000,000 Internet Connection Initiative $ 2,219,000 Special Funding Initiatives $ 7,466,000 Georgia Military CollegeEquipment $ 200,000 Total Funds Budgeted $ 26,885,000 Lottery Funds Budgeted $ 26,885,000 Section 28. Department of Revenue. Budget Unit: Department of Revenue $ 113,297,564 Personal Services $ 64,948,662 Regular Operating Expenses $ 5,288,064 Travel $ 1,162,429 Motor Vehicle Purchases $ 207,300 Equipment $ 1,416,812 Computer Charges $ 13,075,468 Real Estate Rentals $ 3,179,425 Telecommunications $ 2,618,339 Per Diem, Fees and Contracts $ 1,921,600 County Tax Officials/Retirement and FICA $ 3,422,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,404,350 Postage $ 3,574,944 Investment for Modernization $ 15,453,831 Total Funds Budgeted $ 118,676,019 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 113,297,564

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Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 30,174,813 $ 30,174,813 Internal Administration $ 6,736,661 $ 6,586,661 Information Systems $ 12,457,935 $ 11,442,735 Field Services $ 17,355,208 $ 17,215,208 Income Tax Unit $ 8,489,277 $ 8,189,277 Motor Vehicle Unit $ 18,920,612 $ 17,620,612 Central Audit Unit $ 8,680,937 $ 8,680,937 Property Tax Unit $ 4,815,402 $ 3,081,947 Sales Tax Unit $ 4,116,455 $ 4,016,455 State Board of Equalization $ 20,000 $ 20,000 Taxpayer Accounting $ 4,430,892 $ 3,791,092 Alcohol and Tobacco $ 2,477,827 $ 2,477,827 Total $ 118,676,019 $ 113,297,564 Section 29. Secretary of State. A . Budget Unit: Secretary of State $ 29,641,611 Personal Services $ 18,387,545 Regular Operating Expenses $ 3,354,702 Travel $ 245,300 Motor Vehicle Purchases $ 105,650 Equipment $ 131,482 Computer Charges $ 3,016,336 Real Estate Rentals $ 2,474,252 Telecommunications $ 814,690 Per Diem, Fees and Contracts $ 1,559,154 Election Expenses $ 597,500 Total Funds Budgeted $ 30,686,611 State Funds Budgeted $ 29,641,611 Department Functional Budgets Total Funds State Funds Internal Administration $ 4,562,718 $ 4,532,718 Archives and Records $ 5,035,638 $ 4,960,638 Business ServicesCorporations $ 2,610,676 $ 1,890,676 Business ServicesSecurities $ 2,017,587 $ 1,967,587 Elections and Campaign Disclosure $ 4,348,582 $ 4,328,582 Drugs and Narcotics $ 1,247,851 $ 1,247,851 State Ethics Commission $ 388,710 $ 388,710 State Examining Boards $ 10,241,898 $ 10,091,898 Holocaust Commission $ 232,951 $ 232,951 Total $ 30,686,611 $ 29,641,611 B . Budget Unit: Real Estate Commission $ 2,272,618 Personal Services $ 1,383,094 Regular Operating Expenses $ 166,400 Travel $ 15,000 Motor Vehicle Purchases $ 29,000 Equipment $ 7,639 Computer Charges $ 181,400 Real Estate Rentals $ 170,085 Telecommunications $ 187,000 Per Diem, Fees and Contracts $ 133,000 Total Funds Budgeted $ 2,272,618 State Funds Budgeted $ 2,272,618 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,272,618 $ 2,312,618 Section 30. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 2,194,317 Personal Services $ 1,345,344 Regular Operating Expenses $ 245,178 Travel $ 41,650 Motor Vehicle Purchases $ 27,464 Equipment $ 13,188 Computer Charges $ 13,800 Real Estate Rentals $ 118,648 Telecommunications $ 26,788 Per Diem, Fees and Contracts $ 432,157 County Conservation Grants $ 121,500 Total Funds Budgeted $ 2,385,717 State Funds Budgeted $ 2,194,317 Section 31. Student Finance Commission. A . Budget Unit: Student Finance Commission $ 33,478,570 Personal Services $ 534,451 Regular Operating Expenses $ 22,680 Travel $ 18,000 Motor Vehicle Purchases $ 0 Equipment $ 7,500 Computer Charges $ 38,822 Real Estate Rentals $ 46,000 Telecommunications $ 18,691 Per Diem, Fees and Contracts $ 91,800 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,510,455 Tuition Equalization Grants $ 25,749,053 Student Incentive Grants $ 500,000 Law Enforcement Personnel Dependents' Grants $ 86,000 North Georgia College ROTC Grants $ 337,500 North Georgia College Graduates Scholarship $ 68,500 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 808,368 Paul Douglas Teacher Scholarship Loans $ 0 Work Incentive for Students $ 540,750 Total Funds Budgeted $ 33,478,570 State Funds Budgeted $ 33,478,570 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority $ 32,700,626 $ 32,700,626 Georgia Nonpublic Postsecondary Education Commission $ 777,944 $ 777,944 Total $ 33,478,570 $ 33,478,570

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B . Budget Unit: Lottery for Education $ 215,153,022 HOPE Financial AidTuition $ 117,418,487 HOPE Financial AidBooks $ 29,888,210 HOPE Financial AidFees $ 26,527,997 Tuition Equalization Grants $ 7,167,088 Hope Scholarships - Private Colleges $ 28,029,000 Georgia Military College Scholarship $ 771,210 LEPD Scholarship $ 220,530 Teacher Scholarships $ 3,500,000 Promise Scholarships $ 1,107,000 Engineer Scholarships $ 523,500 Total Funds Budgeted $ 215,153,022 Lottery Funds Budgeted $ 215,153,022 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,800,000 Personal Services $ 6,259,990 Regular Operating Expenses $ 366,100 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 5,700 Computer Charges $ 1,165,717 Real Estate Rentals $ 527,355 Telecommunications $ 279,665 Per Diem, Fees and Contracts $ 329,300 Employee Benefits $ 0 Retirement System Members $ 3,550,000 Floor Fund for Local Retirement Systems $ 250,000 Total Funds Budgeted $ 12,754,327 State Funds Budgeted $ 3,800,000 Section 33. Department of Technical and Adult Education. A . Budget Unit: Department of Technical and Adult Education $ 247,491,549 Personal Services $ 6,640,013 Regular Operating Expenses $ 597,890 Travel $ 165,100 Motor Vehicle Purchases $ 0 Equipment $ 192,271 Real Estate Rentals $ 742,246 Per Diem, Fees and Contracts $ 769,575 Computer Charges $ 1,002,182 Telecommunications $ 146,786 Salaries and Travel of Public Librarians $ 15,833,471 Public Library Materials $ 5,972,145 Talking Book Centers $ 1,075,353 Public Library Maintenance and Operation $ 7,947,385 Capital Outlay $ 0 Personal Services-Institutions $ 187,142,492 Operating Expenses-Institutions $ 57,257,137 Area School Program $ 6,274,488 Adult Literacy Grants $ 19,592,382 Regents Program $ 3,615,148 Quick Start Program $ 10,781,810 Total Funds Budgeted $ 325,747,874 State Funds Budgeted $ 247,491,549 Departmental Functional Budgets Total Funds State Funds Administration $ 10,256,063 $ 7,172,413 Institutional Programs $ 315,491,811 $ 240,319,136 Total $ 325,747,874 $ 247,491,549 B . Budget Unit: Lottery for Education $ 26,809,346 Computer Laboratories and Satellite Dishes-Adult Literacy $ 0 Capital OutlayTechnical Institute Satellite Facilities $ 0 Equipment-Technical Institutes $ 20,809,346 Repairs and RenovationsTechnical Institutes $ 6,000,000 Total Funds Budgeted $ 26,809,346 Lottery Funds Budgeted $ 26,809,346 Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 598,154,925 Personal Services $ 262,742,052 Regular Operating Expenses $ 62,239,702 Travel $ 2,024,000 Motor Vehicle Purchases $ 2,000,000 Equipment $ 7,944,070 Computer Charges $ 14,397,650 Real Estate Rentals $ 1,333,768 Telecommunications $ 3,269,333 Per Diem, Fees and Contracts $ 60,563,553 Capital Outlay $ 816,827,596 Capital OutlayAirport Aid Program $ 2,241,866 Mass Transit Grants $ 11,543,887 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 710,855 Contracts with the Georgia Rail Passenger Authority $ 341,250 Total Funds Budgeted $ 1,248,179,582 State Funds Budgeted $ 598,154,925 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 910,011,135 $ 282,120,458 Maintenance and Betterments $ 245,787,351 $ 233,363,366 Facilities and Equipment $ 17,851,383 $ 17,291,383 Administration $ 32,000,472 $ 31,216,797 Total $ 1,205,650,341 $ 563,992,004 General Funds Budget Planning and Construction $ 21,250,000 $ 21,250,000 Maintenance and Betterments $ 0 $ 0 Air Transportation $ 3,193,115 $ 2,732,369 Inter-Modal Transfer Facilities $ 17,375,271 $ 9,469,697 Harbor/Intra-Coastal Waterways Activities $ 710,855 $ 710,855 Total $ 42,529,241 $ 34,162,921 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 20,425,431 Personal Services $ 5,183,283 Regular Operating Expenses 246,723 Travel 102,245 Motor Vehicle Purchases 0 Equipment $ 173,265 Computer Charges $ 27,100 Real Estate Rentals $ 250,711 Telecommunications $ 76,850 Per Diem, Fees and Contracts $ 14,289,340 Capital Outlay $ 200,000 Operating Expense/Payments to Medical College of Georgia $ 7,372,118 Regular Operating Expenses for Projects and Insurance $ 850,500 Total Funds Budgeted $ 28,772,135 State Funds Budgeted $ 20,425,431 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 21,144,017 $ 15,335,705 Veterans Nursing Home-Augusta $ 7,628,118 $ 5,089,726 Total $ 28,772,135 $ 20,425,431 Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 11,454,420 Personal Services $ 9,198,337 Regular Operating Expenses $ 449,937 Travel $ 129,666 Motor Vehicle Purchases $ 0 Equipment $ 65,520 Computer Charges $ 303,057 Real Estate Rentals $ 1,173,481 Telecommunications $ 186,121 Per Diem, Fees and Contracts $ 138,301 Payments to State Treasury $ 0 Total Funds Budgeted $ 11,644,420 State Funds Budgeted $ 11,454,420 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) $ 453,874,183 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 488,874,183 B . Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 73,742,506 Motor Fuel Tax Funds (New) $ 0 $ 73,742,506 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 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. Vetoed Roy E. Barnes April 12, 1999 Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1998 of all vehicles purchased or newly leased during Fiscal Year 1998.

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Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs. 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 Atlanta Operation of the School of Library and Information Services Graduate Program Clark Atlanta University $ 75,000 City of Warner Robins Operation of the Aviation Museum $ 90,000 Wilkes County Wilkes County Airport Development $ 86,250 Lowndes County Improvements to historic Lowndes County courthouse $ 50,000 Tombs County Purchase an automated electronic sign for Southeastern Vocational Tech $ 40,000 Crawford County Board Major repair improvements to Crawford County of Education High School $ 375,000 City of Homerville Purchase of land $ 38,000 Cobb County Land purchase and restoration of the Mable House Estate $ 5,000,000 Long County For county administration expenses $ 160,000 City of Warner Construction of an educational facility at the Georgia Robins Aviation Hall of Fame $ 1,000,000 Towns County Purchase a bookmobile for the Mountain Regional Library $ 100,000 Decatur County Purchase a bookmobile for the Southwest Regional Library $ 80,000 Towns County Purchase a bookmobile for the Screven-Jenkins Regional Library $ 80,000 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 $1,960.77. 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.

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Section 42 . Provisions Relative to Section 11, Employees' Retirement System . Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326. Section 43 . Provisions Relative to Section 15, Department of Human Resources . The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such 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 sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44 . Provisions Relative to Section 21, Department of Medical Assistance . There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The

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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. Vetoed Roy E. Barnes April 12, 1999 Adjust nursing home reimbursement rates effective October 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology. It is the intent of the General Assembly that the Department of Medical Assistance develop an acuity based payment system for nursing homes. Provided, that dispensing fees for pharmacy provider's shall be increased five percent effective July 1, 1998. Vetoed Roy E. Barnes April 12, 1999 Section 45 . 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 1999 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 1999 shall not exceed 8.66%. Section 46 . Provisions Relative to Section 23, Department of Natural Resources . Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the Atlanta Ozone Nonattainment Area and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may

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apply to this purpose available federal matching funds. For purposes of this appropriation Atlanta Ozone Nonattainment Area means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties. Section 47 . Provisions Relative to Section 24, Department of Public Safety . Of the appropriation above for Training of Personnel under the Georgia Peace Officer Standards and Training Act, $70,000 is specifically appropriated to fund 1995 Act No. 403, Ga. Laws 1995, pp. 880, codified in Code sections 35-8-2 and 35-8-24, concerning training requirements for jail officers and juvenile correctional officers. Section 48 . Provisions Relative to Section 32, Teachers' Retirement System . It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999. Funds are provided in this appropriation act for H.B. 203, H.B. 943, H.B. 1081 and H.B. 1096S. Section 49 . 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. Vetoed Roy E. Barnes April 12, 1999 Section 50 . 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

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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 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 Roy E. Barnes April 12, 1999 It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 51 . In addition to all other appropriations for the State fiscal year ending June 30, 1999, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

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Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

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(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 58. Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Vetoed Roy E. Barnes April 12, 1999 Section 60. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 37 to the State of Georgia General Obligation Debt Sinking Fund for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated State General Funds (New), $4,960,050 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 $57,675,000 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), $1,638,000 is specifically appropriated for the purpose of financing educational

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facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $11,484,956 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $133,546,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $534,690 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,285,000 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), $779,160 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,060,000 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), $154,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $568,890 is specifically appropriated for the purpose of financing projects

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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 $6,615,000 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), $341,420 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 $3,970,000 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), $1,199,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $18,920,000 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center 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 $220,000,000 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), $2,527,200 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 $10,800,000

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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), $1,720,000 is specifically appropriated for 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), $258,000 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 $3,000,000 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), $11,782,000 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 $137,000,000 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), $455,130 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 $1,945,000 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), $215,860 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 $2,510,000 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), $860,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $564,160 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 $6,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $236,500 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 $2,750,000 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), $898,270 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,445,000 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), $1,463,720 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,020,000 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), $345,290 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,015,000 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), $1,269,450 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $430,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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), $234,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $516,000 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated State General Funds (New), $368,550 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 $1,575,000 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), $1,724,300 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 $20,050,000 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), $280,800 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 $1,200,000 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), $1,006,200 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through grants for low-wealth school systems by the State Board of Education through the issuance of not more than $11,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $483,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,625,000 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), $154,800 is specifically appropriated for the purpose of financing Georgia

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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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $937,314 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,899,000 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), $721,656 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 $3,084,000 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), $307,020 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 $3,570,000 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), $129,000 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 $1,500,000 in principal amount of General Obligation Debt, the instruments

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of which shall have maturities not in excess of two hundred and forty months . Vetoed Roy E. Barnes April 12, 1999 From the appropriation designated State General Funds (New), $51,600 is specifically appropriated for the Department of Technical and Adult Education to provide public library facilities by grant to the governing board of the Savannah Carnegie Library for that library, through the issuance of not more than $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), $86,000 is specifically appropriated for the Department of Technical and Adult Education to provide public library facilities by grant to the governing board Glynn County Library for that library, 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), $258,000 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 $3,000,000 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), $2,045,080 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 $23,780,000 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), $430,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.

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From the appropriation designated State General Funds (New), $211,990 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 $2,465,000 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), $189,200 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months . Vetoed Roy E. Barnes April 12, 1999 Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1999 $ 13,064,694,760 Section 62 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63 . 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 April 12, 1999.

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CRIMES AND OFFENSESCONTRIBUTING TO DELINQUENCY OF MINORS; COMPUTER PORNOGRAPHY AND CHILD EXPLOITATION. Code Section 16-12-1 Amended. Code Section 16-12-100.2 Enacted. No. 155 (House Bill No. 213). AN ACT To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to change certain penalty provisions applicable to the offense of contributing to the delinquency, unruliness, or deprivation of a minor; to define the crime of computer pornography; to provide a short title; to define a certain term; to make it unlawful for any person intentionally or willfully to utilize a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child, to commit certain illegal acts; to make it unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Act, knowing that such person intended to commit a violation; to provide that the sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Act shall not constitute a defense to prosecution under this Act; to provide that a person is subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Act which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Act which involves a child who resides in this state or another person believed by such person to be a child residing in this state; to provide that any violation of this Act shall constitute a separate offense; to provide penalties; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by striking subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in lieu thereof the following: (d) A person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code section shall be punished as follows: (1) Upon conviction of the first or second offense, the defendant shall be guilty of a misdemeanor and shall be fined not more than

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$1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned; and (2) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned. SECTION 2 . Said part is further amended by adding following Code Section 16-12-100.1 a new Code Section 16-12-100.2 to read as follows: 16-12-100.2. (a) This Code section shall be known and may be cited as the `Computer Pornography and Child Exploitation Prevention Act of 1999.' (b) As used in this Code section, the term `child' means any person under the age of 16 years. (c) (1) A person commits the offense of computer pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer; (B) Makes, prints, publishes, or reproduces by other computerized means; (C) Causes or allows to be entered into or transmitted by means of computer; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with any child or the visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 or by imprisonment for not less than one nor more than 20 years, or both. (c) (1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child, to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating

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to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency; or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (d) (1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (e) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section. (f) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state. (g) Any violation of this Code section shall constitute a separate offense. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1999. PROFESSIONS AND BUSINESSESDENTISTRY; DEFINITIONS; BOARD; CENSUS; SERVICE; CONTEMPT; STUDENTS; EXAMINATIONS; LICENSES; PRACTICE; SANCTIONS; INVESTIGATIONS; CONTINUING EDUCATION. Code Title 43, Chapter 11 Amended. No. 156 (House Bill No. 295). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of dentistry, so as to

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change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry; to add the feminine pronoun in certain provisions which presently include only the masculine pronoun; to change the powers of said board; to change the provisions relating to a census by the board and posting of certain names; to change the provisions relating to service of decisions, orders, or subpoenas; to change the provisions relating to punishment for contempt; to provide for training clinics and affiliated sites, for activities of certain students, and for charges for student services; to provide for clinical licensure examinations and the conduct and eligibility therefor; to change the provisions relating to certain exceptions to applicability; to change the provisions regarding the licensing of certain persons licensed in other states and costs of and qualifications for teachers' and instructors' licenses; to provide for powers, responsibilities, and requirements of dentists regarding dental treatment, dental practice, and other matters relating thereto; to provide for rules and regulations; to change the provisions regarding sanctions and disciplinary actions by said board; to provide for investigations and the examination of physical premises of dental practices; to change the provisions relating to penalties and continuing education; to change the provisions relating to applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of dentistry, is amended by striking in its entirety Code Section 43-11-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-11-1 to read as follows: 43-11-1. As used in this chapter, the term: (1) `Accredited dental college' and `accredited dental school,' or `accredited school of dentistry' mean a dental school, college, or university accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (2) `Accredited dental hygiene school' means a dental hygiene school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (3) `Board' means the Georgia Board of Dentistry. (4) `Conscious sedation' means a depressed level of consciousness, produced by a pharmacologic agent, which retains the patient's ability to maintain independently and continuously an airway and appropriately respond to physical stimulation and verbal command. The use of

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nitrous oxide as the only systemic sedative is not considered conscious sedation for purposes of this chapter. (5) `Dentistry' means the evaluation, diagnosis, prevention, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases, disorders, or conditions, or any combination thereof, of the oral cavity, maxillofacial area, or the adjacent and associated structures, or any combination thereof, and their impact on the human body provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law, including, but not limited to, the acts specified in Code Section 43-11-17. (6) `General anesthesia' means a controlled state of depressed consciousness, produced by a pharmacologic agent, which is accompanied by partial or complete loss of protective reflexes, including the inability to maintain independently an airway or respond purposefully to physical stimulation or verbal command. For purposes of this chapter, `general anesthesia' includes deep sedation. (7) `Instructor' means either a dentist holding a dental license from another state or a dental hygienist holding a dental hygienist license from another state who has graduated from a school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency and whom the state board has granted instructor status for the sole purpose of teaching or instructing in a training clinic or an accredited dental college or accredited dental hygiene school in this state those procedures and services recognized in this state to be within the scope of practice of such person's license. (8) `Licensed dental hygienist' means a dental hygienist licensed and in good standing in this state pursuant to this chapter. (9) `Licensed dentist' means a dentist licensed and in good standing in this state pursuant to this chapter. (10) `Training clinic' means a clinic operated as a nonprofit facility by an accredited dental college or accredited dental hygiene school primarily to train students of such college or school. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 43-11-2, relating to the creation and composition of the board, qualifications and voting rights of members, terms of office, vacancies, and enjoining violations, and inserting in lieu thereof a new Code Section 43-11-2 to read as follows: 43-11-2.

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(a) A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 11 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section. (b) (1) Nine members of the board shall be dentists and shall be appointed as follows: The members of the board who are dentists serving on July 1, 1981, shall continue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four dentists so nominated, the Governor may appoint one as the new member of said board. (2) 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. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a dental hygienist for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board. (3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor. (4) Except as otherwise provided in paragraphs (6) and (7) of this subsection, the term of office of each member of the board shall be for five years and until the appointment and qualification of a successor. (5) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (6) The term of the initial member appointed pursuant to paragraph (2) of this subsection shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980. (7) The term of the initial member appointed pursuant to paragraph (3) of this subsection shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982. (c) No one shall be eligible as a dentist member of the board unless he or she is a citizen of this state and has lawfully engaged in the practice of

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dentistry for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college. (d) (1) The dental hygienist member of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practical or scientific examination of dentists for licensing in this state. (2) The citizen member of the board who is not a dentist or dental hygienist may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of dentists and dental hygienists for licensing in this state. (e) The board may bring an action to enjoin any person, firm, partnership, corporation, or other entity who without being licensed or registered to do so by the board engages in or practices the profession of dentistry. The proceeding shall be filed in the county in which such person resides or, in the case of a firm, partnership, corporation, or other entity where the firm, partnership, corporation, or other entity maintains its principal office. Unless it shall be made to appear that such person, firm, partnership, corporation, or other entity so engaging in or practicing dentistry is licensed or registered, the injunction shall be issued, and such person, firm, partnership, corporation, or other entity shall be perpetually enjoined from such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the board allege and prove that there is no adequate remedy at law. It is declared that such unlicensed activities as are mentioned in this chapter are a menace and a nuisance dangerous to the public health, safety, and welfare. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 43-11-5, relating to the duty of members to notify joint-secretary of address, and inserting in lieu thereof a new Code Section 43-11-5 to read as follows: 43-11-5. Each member of the board, upon the receipt of his or her commission, shall file with the joint-secretary his or her post office address and thereafter a notice of any change therein. Any notice mailed to such address by the joint-secretary shall be deemed to comply with the requirements of this chapter as notice to him or her. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 43-11-7, relating to the powers and duties of board, and inserting in lieu thereof a new Code Section 43-11-7 to read as follows: 43-11-7.

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The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall have the power and authority to promulgate rules and regulations to carry out the performance of its duties as set forth in this chapter. SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 43-11-11, relating to the census of practicing dentists and publication of names, and inserting in lieu thereof a new Code Section 43-11-11 to read as follows: 43-11-11. The board may, from time to time, through its members or other suitable persons, take a census of all practicing dentists and dental hygienists of any locality, city, or county in the state when it may consider it necessary for the purpose of carrying out this chapter; the board may at any time cause the names of all licensed dentists and dental hygienists in any locality, city, or county to be posted or published; and the board is authorized to pay for taking such census and posting or publishing such names. SECTION 6 . Said chapter is further amended by striking in its entirety Code Section 43-11-12, relating to public inspection of board records, copies of records as evidence, and certification of copies, and inserting in lieu thereof a new Code Section 43-11-12 to read as follows: 43-11-12. It shall be the duty of the joint-secretary to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. A copy of all or any part of any record or book certified by the joint-secretary, with the seal of the board attached, shall be primary evidence in any court; and it shall be the duty of the joint-secretary to furnish to any person making application therefor a copy of any part or all of any record or book of the board upon the applicant's paying a fee prescribed by the joint-secretary. All of such copies shall be certified by the joint-secretary and be under the seal of the board. SECTION 7 . Said chapter is further amended by striking subsection (a) of Code Section 43-11-13, relating to service of orders and subpoenas of the board, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also appoint any other person to serve any decision, order, or subpoena of the board, which person's duty it shall be to execute the same. SECTION 8 . Said chapter is further amended by striking in its entirety Code Section 43-11-14, relating to enforcement of orders and subpoenas of the board and contempt, and inserting in lieu thereof a new Code Section 43-11-14 to read as follows: 43-11-14. The board shall have the power to enforce any and all of its lawful orders or subpoenas; to punish as for a contempt anyone obstructing or violating the same and shall also have the power to conduct any and all hearings before it in an orderly and legal manner; to punish anyone as for a contempt who may attempt to or who shall interfere with or in any manner obstruct such hearing; and may also punish as for a contempt any act of indecorum or discourtesy committed in the presence of the board when in session. The board may fine anyone an amount not exceeding $100.00 for a contempt and in default of the payment thereof may make application to any superior court having jurisdiction to confine the offender to jail for not more than ten days. SECTION 9 . Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Section 43-11-17, relating to acts which constitute the practice of dentistry, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Undertakes to do or perform any physical evaluation of a patient in his or her office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery; . SECTION 10 . Said chapter is further amended by striking in its entirety Code Section 43-11-19, relating to compliance with chapter as prerequisite to collection of fees for services, and inserting in lieu thereof a new Code Section 43-11-19 to read as follows: 43-11-19. No person who practices dentistry in this state shall be entitled to collect any fee or reward for his or her services without first complying with this chapter.

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SECTION 11 . Said chapter is further amended by striking in its entirety Code Section 43-11-20, relating to college clinics, and inserting in lieu thereof a new Code Section 43-11-20 to read as follows: 43-11-20. (a) Nothing in this chapter shall prohibit accredited dental colleges from maintaining on-campus training clinics and affiliated sites for the purpose of educational training of dental students approved by the board under the supervision of licensed dentists or instructors; nor shall this chapter prevent licensed dental practitioners of other states and countries from giving clinics before any dental society or association of this state whose objects are the advancement and improvement of dentistry as a science. (b) Nothing in this chapter shall prevent students of accredited dental colleges in this state from engaging in activities otherwise defined as the practice of dentistry, provided that said students work under the direct supervision and responsibility of a licensed dentist or instructor as a part of a training clinic; nor shall this chapter prevent students of accredited dental hygiene schools in this state from engaging in activities otherwise defined as the practice of dental hygiene, provided that said students work under the direct supervision and responsibility of a licensed dentist or dental hygienist as a part of an on-campus training clinic or at affiliated sites approved by said schools or colleges and the board for the purpose of educational training. Nothing in this chapter shall prevent said schools or colleges of dentistry or dental hygiene from establishing and collecting charges for services rendered by training students under the supervision of a licensed dentist, licensed dental hygienist, or instructor. These charges shall not exceed charges made by similar dental schools and colleges located within the United States. (c) Nothing in this chapter shall be construed to prohibit the administration of a board approved clinical licensure examination as a prerequisite for licensure as a dentist or dental hygienist in this state. Nothing in this chapter shall prevent the conducting of a Georgia clinical licensure examination by a board approved examiner who is licensed as a dentist or dental hygienist in another jurisdiction. Nothing in this chapter shall prevent the taking of a Georgia clinical licensure examination by an individual who is eligible to apply for licensure as a dentist or dental hygienist in this state. SECTION 12 . Said chapter is further amended by striking subsection (a) of Code Section 43-11-21.1, relating to general anesthesia, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions specified in this Code section. Such permit shall be subject to biennial renewal at the time the dentist is required to renew his or her license to practice dentistry. It shall be the responsibility of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board. SECTION 13 . Said chapter is further amended by striking in its entirety Code Section 43-11-22, relating to [UNK]exceptions to application of chapter, and inserting in lieu thereof a new Code Section 43-11-22 to read as follows: 43-11-22. This chapter shall not apply to physicians licensed in this state in extracting teeth or performing surgical operations. This chapter also shall not apply to any person who extracts any exfoliating deciduous teeth. SECTION 14 . Said chapter is further amended by striking in its entirety Code Section 43-11-42, relating to reciprocity, and inserting in lieu thereof a new Code Section 43-11-42 to read as follows: 43-11-42. (a) The board may issue, in its discretion, without examination, teachers' or instructors' licenses to dentists holding a dental license from another state and to dental hygienists holding a dental hygienist license from another state. A teacher's or instructor's license shall only be issued to a dentist or dental hygienist who has graduated from a school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college or training clinic or accredited dental hygiene school in this state, those procedures and services recognized in this state to be within the scope of practice of such person's professional license. (b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.

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(c) The cost of such teacher's, instructor's, or public health temporary license shall be established by the board. (d) The board may also, in its discretion, enter into an agreement with any similar board of any other state to the effect that each party to such agreement, under the conditions therein stipulated, will grant licenses to practicing dentists on the basis of a license having been granted by the other party to the agreement. (e) Any license issued under this Code section shall be subject to the disciplinary standards and procedures set forth in Code Section 43-11-47. SECTION 15 . Said chapter is further amended by striking in its entirety Code Section 43-11-43, relating to fees, and inserting in lieu thereof a new Code Section 43-11-43 to read as follows: 43-11-43. Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to practice dentistry. SECTION 16 . Said chapter is further amended by inserting after Code Section 43-11-43 a new Code Section 43-11-44 to read as follows: 43-11-44. It is a matter of public interest that all decisions involving or affecting the clinical dental treatment of a patient shall be left to the sole discretion of the licensed dentist providing treatment to the patient. The board shall be authorized to promulgate rules and regulations to supplement and ensure compliance with the requirements of this Code section. SECTION 17 . Said chapter is further amended by striking in its entirety Code Section 43-11-47, relating to refusal to grant, or revocation of, licenses and disciplining licensees, and inserting in lieu thereof a new Code Section 43-11-47 to read as follows: 43-11-47.

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(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist licensed under this chapter or any antecedent law upon a finding by a majority of the entire board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of dentistry or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice dentistry; or made a false statement or deceptive annual registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this subsection, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere; and, as used in this subsection, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice dentistry revoked, suspended, or annulled by any lawful licensing dental authority other than the

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board; or had other disciplinary action taken against him or her by any lawful licensing dental authority other than the board; or was denied a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice dentistry, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of dentistry but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice; (7) (A) Engaged in the practice of dentistry as an employee of any individual not licensed to practice dentistry in this state or engaged in the practice of dentistry as an officer or employee of any corporation other than one organized and existing pursuant to Chapter 10 of Title 14, `The Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or engaged in the practice of dentistry as an employee, manager, or member of any limited liability company organized and existing pursuant to Chapter 11 of Title 14 or a limited liability partnership pursuant to Chapter 8 of Title 14 other than one in which all members are licensed dentists and all professional services and professional judgment decisions are delivered by and made by licensed dentists, except as a licensed dentist or an intern or resident of a hospital or teaching institution licensed by this state. (B) Possession of an ownership interest of a deceased licensed dentist in a limited liability company which is wholly owned by licensed dentists as described in subparagraph (A) of this paragraph shall not constitute a violation of that subparagraph if that interest is transferred to another licensed dentist member or redeemed by the limited liability company within six months after the date of death of that licensed dentist member; (8) Reserved; (9) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice dentistry or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;

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(10) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of dentistry, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (11) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (12) Displayed an inability to practice dentistry with reasonable skill and safety to patients or has become unable to practice dentistry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing dentistry in this state, or shall file an application for a license to practice dentistry in this state, shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing dentistry under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of dentistry with reasonable skill and safety to patients; (13) Reserved; (14) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed

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controlled drug substances or any other medication without a legitimate dental purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; or (15) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the dental services rendered by that dentist or any dentist associated with him or her. For purposes of this paragraph, `advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation

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may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter. (h) (1) The joint-secretary is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of dentistry may have taken place. Upon approval of the board, any person properly conducting an investigation on behalf of the board shall have access to and shall have the right to examine the physical premises of a dental practice. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) All records relating to any patient of a licensee who is the subject of a board inquiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a patient shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or

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investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a dentist, dental hygienist, or dental assistant or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a dentist or a dental hygienist shall be immune from civil and criminal liability for so testifying. (j) Neither a denial of a license on grounds other than those enumerated in subsection (a) nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. (k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, limited liability companies, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; provided,

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further, any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. SECTION 18 . Said chapter is further amended by striking in its entirety Code Section 43-11-49, relating to burden of proof as to authority to practice dentistry, and inserting in lieu thereof a new Code Section 43-11-49 to read as follows: 43-11-49. On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to exempt himself or herself from the penalty for such violation. SECTION 19 . Said chapter is further amended by striking in its entirety Code Section 43-11-50, relating to practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows: 43-11-50. Any person, firm, partnership, corporation, or other entity who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misdemeanor upon conviction for the second such offense, and a felony upon conviction for the third or subsequent such offense. SECTION 20 . Said chapter is further amended by striking in its entirety Code Section 43-11-51, relating to practicing dentistry under another's license, and inserting in lieu thereof a new Code Section 43-11-51 to read as follows: 43-11-51. Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another's license shall be guilty of a misdemeanor. SECTION 21 . Said chapter is further amended by striking in its entirety Code Section 43-11-73.1, relating to continuing education requirement, waiver, and authority of board, and inserting in lieu thereof a new Code Section 43-11-73.1 to read as follows:

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43-11-73.1. (a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of not less than 22 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning and professional organizations. At least 15 hours of continuing education in each renewal cycle shall be scientifically based. (b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal. SECTION 22 . Said chapter is further amended by striking in its entirety Code Section 43-11-75, relating to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-75 to read as follows: 43-11-75. This article shall not apply to licensed dentists, nor shall this article apply to physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor or to accredited schools of dentistry. SECTION 23 . Said chapter is further amended by striking in its entirety Code Section 43-11-82, relating to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-82 to read as follows: 43-11-82. This article shall not apply to licensed dentists or dental hygienists, nor shall this article apply to physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor or to accredited schools of dentistry. SECTION 24 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 25 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1999.

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DOMESTIC RELATIONSADOPTION; TERMINATION OF PARENTAL RIGHTS; PLACEMENT OF CHILD; ELECTION; COST OF SEARCH FOR BIOLOGICAL PARENT OR SIBLING; FORMS; AMERICAN INDIAN HERITAGE; MILITARY SERVICE. Code Sections 15-11-81 and 15-11-90 Amended. Code Title 19, Chapter 8 Amended. No. 159 (House Bill No. 218). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody; to change provisions relating to placement of a child following an order terminating parental rights; to change the scope of the search for suitable family members for placement; to provide for an election by the legal parent in such parent's surrender of rights as to the operation of such surrender in the event that an adoption petition is not filed within the statutory period, or such petition is filed within the statutory period but is concluded without an order for adoption; to provide that election of return to that legal parent or guardian shall not be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance; to provide for additional grounds for termination of parental rights in adoption proceedings; to change a provision relating to the fee charged by the department for the cost of conducting a search for a biological parent or sibling or information relating thereto on behalf of an adopted person or the sibling of an adopted person; to revise forms for surrender of rights and the mother's affidavit; to combine three forms for surrender of rights of an alleged biological father into a single surrender form and to revise cross references accordingly; to provide for inclusion of information regarding American Indian heritage and military service in the mother's affidavit; to make editorial changes; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in its entirety subparagraph (b) (4) (C) of Code Section 15-11-81, relating to grounds for termination of parental rights, and inserting in lieu thereof the following: (C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who

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is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To develop and maintain a parental bond with the child in a meaningful, supportive manner; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents. SECTION 2 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-90, relating to placement of a child following a termination order, and inserting in its place the following: (a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family. A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child. SECTION 3 . Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 19-8-4, relating to surrender or termination of parental or guardian's rights and consent of a child 14 or older, and inserting in lieu thereof the following: (2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. SECTION 4 . Said chapter is further amended by striking in its entirety subsection (k) of Code Section 19-8-5, relating to surrender or termination of parental rights

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where adoption by an unrelated third party is planned, and inserting in its place the following: (k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender. If the petition is not filed within the time period specified by this subsection or if the proceedings resulting from the petition are not concluded with an order granting the petition, the surrender shall operate as follows according to the election made therein by the legal parent or guardian of the child: (1) In favor of that legal parent or guardian, with the express stipulation that neither this nor any other provision of the surrender shall be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance, once the revocation period has elapsed; (2) In favor of the licensed child-placing agency designated in the surrender of rights, if any; or (3) If the legal parent or guardian is not designated and no child-placing agency is designated in the surrender of rights, or if the designated child-placing agency declines to accept the child for placement for adoption, in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. The court may waive the 60 day time period for filing the petition for excusable neglect. SECTION 5 . Said chapter is further amended in Code Section 19-8-6, relating to surrender of parental rights when the mother and father are not still married and when only one parent is still living, by striking in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following: (2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. SECTION 6 . Said chapter is further amended in Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights when the child is adopted by a relative, by striking in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following: (2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.

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SECTION 7 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-8-10, relating to instances when surrender or termination of parental rights is not required as a prerequisite to filing a petition for adoption, and inserting in its place the following: (a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where the court determines by clear and convincing evidence that the: (1) Child has been abandoned by that parent; (2) Parent cannot be found after a diligent search has been made; (3) Parent is insane or otherwise incapacitated from surrendering such rights; or (4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. SECTION 8 . Said chapter is further amended in Code Section 19-8-11, relating to petitions to terminate parental rights, by striking in its entirety paragraph (3) of subsection (a) and inserting in its place the following: (3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where the court determines by clear and convincing evidence that the: (A) Child has been abandoned by that parent; (B) Parent of the child cannot be found after a diligent search has been made; (C) Parent is insane or otherwise incapacitated from surrendering such rights; or (D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81, and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such

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remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. SECTION 9 . Said chapter is further amended in Code Section 19-8-23, relating to where adoption records are kept, examination by parties and attorneys, use of information, information requests registry, and searches by placement agencies, by striking in its entirety paragraph (7) of subsection (f) and inserting in lieu thereof the following: (7) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. SECTION 10 . Said chapter is further amended in Code Section 19-8-26, relating to execution, forms for execution, and withdrawal of surrender of parental rights, by striking subsections (b), (c), (d), (f) and (h) and inserting in their places new subsections to read as follows: (b) Reserved. (c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, being solicitous that my (male) (female) child, born ( insert name of child ), on ( insert birthdate of child ), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.

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I, the undersigned, ( insert relationship to child ) of the aforesaid child, do hereby surrender the child to ( insert name, surname not required, of each person to whom surrender is made ), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name, surname not required, of each person to whom surrender is made ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows: (Mark one of the following as chosen) I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or I surrender the child to ( insert name of designated licensed child-placing agency ), a licensed child-placing agency, for placement for adoption; or I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and ( insert name of designated licensed child-placing agency ) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the ( insert name of designated licensed child-placing agency ) or the Department of Human Resources and I do expressly

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waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such agent in the conduct of this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of agent of each person to whom surrender is made ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of,. (d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO ALLEGED BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified

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herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, alleged biological father of a (male) (female) child, born ( insert name of child ) to ( insert name of mother ) on ( insert birthdate of child ), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, do hereby surrender the child. I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits provided to the child through adoption, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child. Furthermore, I hereby agree that the child is to be adopted and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the agent appointed by the court in the conduct of this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of child-placing agency representative, Department of Human Resources representative, person to whom surrender is made, or petitioner's representative, as appropriate ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of,.

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(f) Reserved. (h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements: (1) The affidavit shall set forth: (A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The identity and last known address of any [Illegible Text] or former [Illegible Text]; (F) The identity, last known address, and relationship to the mother of the biological father of her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire; (G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support or medical care during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and (H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and

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(2) The affidavit shall conform substantially to the following form: MOTHER'S AFFIDAVIT NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its father's rights properly determined. If you decline to disclose the name and address of the biological father of your child, understand that you may be required to appear in court to explain your refusal and that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child. STATE OF GEORGIA COUNTY OF Personally appeared before me, the undersigned officer duly authorized to administer oaths,, who, after having been sworn, deposes and says as follows: That my name is. That I am the mother of a (male) (female) child born ( insert name of child ) in the State of, County of on ( insert birthdate of child ). That I amyears of age, having been born in the State of, County ofon. That my social security account number is. That my marital status at the time of the conception of my child was (check the status and complete the appropriate information): () Single, never having been married. () Separated but not legally divorced; the name of my spouse is; his last known address is; we were married in the State of, County ofon; we have been separated since; we last had sexual relations on. () Divorced; the name of my previous spouse is; we were married in the State of, County ofon; his last known address is; divorce granted in the State of, County ofon.

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() Legally married; the name of my spouse (was) (is); we were married in the State of, County ofon; and his last known address is. () Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse (was) (is); his last known address is; our relationship began in the State of, County ofon. () Widowed; the name of my deceased spouse was; we were married in the State of, County ofon; and he died onin the County of, State of. That my name and marital status at the time of the birth of my child was (check the status and complete the appropriate information): Name () Single, never having been married. () Separated, but not legally divorced; the name of my spouse (was) (is); his last known address is; we were married in the State of, County ofon; we have been separated since; we last had sexual relations on. () Divorced; the name of my former spouse is; we were married in the State of, County ofon; his last known address is; divorce granted in the State of, County of. () Legally Married; the name of my spouse (was) (is); we were married in the State of, County ofon; and his last known address is. () Married through common-law relationship prior to January 1, 1997; the name of my spouse (was) (is); his last known address is; our relationship began in the State of, County ofon. () Widowed; the name of my deceased spouse was; we were married in the State of,

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County ofon; and he died on in the County of, State of. That the name of the biological father of my child is (complete appropriate response): Known to me and is (); Known to me but I expressly decline to identify him because; or Unknown to me because . That the last known address of the biological father of my child is (complete appropriate response): Known to me and is; Known to me but I expressly decline to provide his address because; or Unknown to me because . That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so: (A) The name of my American Indian tribe isand the percentage of my American Indian blood ispercent. (B) My relatives with American Indian blood are: . (C) I (am) (am not) a member of an American Indian tribe. If so, the name of the tribe is. (D) I (am) (am not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is:and my registration or identification number is:. (E) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is:and the name of the corresponding American Indian tribe is:.

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(F) A member of my family (is) (is not) registered with an American Indian tribal registry. If so, the name of each such family member is:and the name of the corresponding American Indian tribal registry is:and their corresponding registration or identification numbers are:. That to the best of my knowledge, the biological father (is) (is not) of American Indian heritage. If so: (A) The name of his American Indian tribe isand the percentage of his American Indian blood ispercent. (B) His relatives with American Indian blood are: . (C) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe is:. (D) He (is) (is not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is:and his registration or dentification number is:. That the date of birth of the biological father (was, 19) or (is not known to me). That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so: (A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard). (B) His rank is. (C) His duty station is. If applicable, please provide any additional available information regarding his military service. . That the biological father of my child, whether or not identified herein (strike each inappropriate phrase):

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(Was) (Was not) married to me at the time this child was conceived; (Was) (Was not) married to me at any time during my pregnancy with this child; (Was) (Was not) married to me at the time that this child was born; (Did) (Did not) marry me after the child was born and recognize the child as his own; (Has) (Has not) been determined to be the child's father by a final paternity order of a court; (Has) (Has not) legitimated the child by a final court order; (Has) (Has not) lived with the child; (Has) (Has not) contributed to its support; (Has) (Has not) provided for my support during my pregnancy or hospitalization for the birth of the child; (Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child; and (Has) (Has not) made any attempt to legitimate the child. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption:. That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing. SECTION 11 . (a) This Act shall become effective on July 1, 1999.

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(b) The provisions of this Act shall apply to petitions for adoption filed on or after July 1, 1999, except that each surrender of rights filed pursuant to a petition filed on or after July 1, 1999, shall be effective if such surrender of rights complies with the provisions of law in effect on the date of the execution of such surrender of rights. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1999. HEALTHNEWBORN HEARING SCREENING; SPECIAL LICENSING OF RETIRED PHYSICIANS FOR NONCOMPENSATED PRACTICE; EXEMPTION FROM AUDIOLOGIST LICENSING REQUIREMENTS FOR PURPOSES OF INFANT SCREENINGS. Code Sections 31-1-3.2 and 43-34-45.1 Enacted. Code Section 43-44-7 Amended. No. 160 (House Bill No. 717). AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide for legislative findings and intent; to provide for a definition; to establish an advisory committee on newborn infants and provide for its selection, compensation, powers, qualifications, and duties; to provide for newborn screening of newborn infants under certain conditions and for education of parents and guardians regarding the importance of such screening and early identification and intervention; to provide for hospital and other reports; to provide for rules; to require the provision of information and encourage cooperative efforts; to amend Code Section 43-44-7 of the Official Code of Georgia Annotated, relating to licensing of speech-language pathology and audiology, so as to provide for an exemption for certain infant screening; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for licensing retired physicians; to provide for a short title; to provide for conditions and limitations; to provide for liability and immunity from liability; to provide for statutory construction; to provide for automatic repeal and expiration of licenses; 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 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding after Code Section 31-1-3.1 a new Code section to read as follows:

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31-1-3.2. (a) The General Assembly finds, determines, and declares: (1) That hearing loss occurs in newborn infants more frequently than any other health condition for which newborn infant screening is required; (2) That 80 percent of the language ability of a child is established by the time the child is 18 months of age and that hearing is vitally important to the healthy development of such language skills; (3) That early detection of hearing loss in a child and early intervention and treatment has been demonstrated to be highly effective in facilitating a child's healthy development in a manner consistent with the child's age and cognitive ability; (4) That children with hearing loss who do not receive such early intervention and treatment frequently require special educational services and that such services are publicly funded for the vast majority of children with hearing needs in the state; (5) That appropriate testing and identification of newborn infants with hearing loss will facilitate early intervention and treatment and may therefore serve the public purposes of promoting the healthy development of children and reducing public expenditure; (6) The American Academy of Pediatrics, the American Speech-Language-Hearing Association, the American Academy of Audiology, and the American Academy of Otolaryngology, Head and Neck Surgery have recently endorsed the implementation of universal newborn hearing screenings and recommended that such screenings be performed in all birthing hospitals and coordinated by state departments of public health; and (7) That consumers should be entitled to know whether the hospital at which they choose to deliver their infant provides newborn hearing screening. (b) As used in this Code section, the term `newborn infant' means an infant after delivery but before discharge from the hospital. (c) For reasons specified in subsection (a) of this Code section, the General Assembly determines that it would be beneficial and in the best interests of the development of the children of the state that newborn infants' hearing be screened. (d) (1) There is established an advisory committee on hearing in newborn infants for the purpose of studying and collecting the informational data specified in this Code section and reporting such information to the General Assembly and Governor by December 1 of the first year following the year this Code section first becomes

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effective, and for the purpose of providing recommendations to hospitals, physicians, and other health care institutions, the Department of Human Resources, and the public concerning, but not limited to, the following: (A) Appropriate methodologies to be implemented for hearing screening of newborn infants, which methodologies shall be objective and physiologically based. An audiologist licensed pursuant to Chapter 44 of Title 43 shall perform such screening and a person not licensed as an audiologist may perform such screening provided such screening by the unlicensed person is performed pursuant to the exception in subsection (h) of Code Section 43-44-7; (B) The number of births sufficient to qualify a hospital or health institution to arrange otherwise for hearing screenings; and (C) Guidelines for reporting and the means to assure that identified children received referral for appropriate follow-up services. The advisory committee on hearing in newborn infants shall present its findings and recommendations to the Board of Human Resources. Said board shall consider the findings and recommendations of such advisory committee in the adoption of rules and regulations for purposes of such screening. (2) The advisory committee on hearing in newborn infants shall consist of at least 11 members who shall be appointed by the director of the Division of Public Health of the Department of Human Resources. Such advisory committee shall be a joint subcommittee of: (A) The Maternal Infant Health Council; and (B) The State Interagency Coordinating Council for Early Intervention. There shall be one member from each of these councils on the advisory committee. Members appointed to the committee shall have training, experience, or interest in the area of hearing conditions of children and shall include at least one audiologist, one pediatrician, one hospital administrator from a hospital which offers perinatal services, one deaf or hard of hearing adult, and one parent of a deaf or hard of hearing child. In addition, the Speaker of the House of Representatives shall appoint one member from the House of Representatives, and the President of the Senate shall appoint one member from the Senate to serve on the advisory committee. (3) The members of the advisory committee on hearing in newborn infants shall serve without compensation. (4) The advisory committee on hearing in newborn infants shall meet as often as necessary to study and collect the information necessary and report to the General Assembly and Governor by December 1 of

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the first year following the year this Code section first becomes effective, to develop and make the recommendations specified in paragraph (1) of this subsection in a sufficiently timely manner to allow for state-wide hearing screening of newborn infants by July 1 of the second year following the year this Code section first becomes effective, and to make recommendations to promote universal newborn infant hearing screening pursuant to subsection (h) of this Code section. (5) This subsection is automatically repealed effective July 1 of the fifth year following the year this Code section first becomes effective. (e) It is the intent of the General Assembly that, by July 1 of the second year following the year this Code section first becomes effective, newborn hearing screening be conducted on no fewer than 95 percent of all newborn infants born in hospitals in this state, using procedures established by rule and regulation of the Board of Human Resources after review of any recommendations of the advisory committee on hearing in newborn infants, created in subsection (d) of this Code section. Toward that end, on and after July 1 of the first year following the year this Code section first becomes effective, every licensed or certified hospital and physician shall educate the parents of newborn infants born in such hospitals of the importance of screening the hearing of newborn infants and follow-up care. Education shall not be considered a substitute for the hearing screening described in this subsection. Every licensed or permitted hospital shall report annually to the Department of Human Resources concerning the following: (1) The number of newborn infants born in the hospital; (2) The number of newborn infants screened; (3) The number of newborn infants who passed the screening, if administered; and (4) The number of newborn infants who did not pass the screening, if administered. (f) The advisory committee on hearing in newborn infants shall determine which hospitals or other health care providers in this state are ordering and administering newborn hearing screening to newborn infants on a voluntary basis and the number of newborn infants screened. The advisory committee on hearing in newborn infants shall report to the General Assembly and Governor by December 1 of the first year following the year this Code section first becomes effective concerning the following: (1) The number of hospitals and other health care providers administering such voluntary screenings; (2) The number of newborn infants screened as compared to the total number of infants born in such hospitals and institutions;

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(3) The number of newborn infants who passed the screening, if administered; and (4) The number of newborn infants who did not pass the screening, if administered. (g) Subject to available appropriations, the advisory committee on hearing in newborn infants shall make the report described in subsection (f) of this Code section available throughout the state and specifically available to physicians whose practice includes the practice of obstetrics or the care of newborn infants, to consumer groups, to managed care organizations, and to the media. (h) If the number of newborn infants screened does not equal or exceed 95 percent of all newborn infants born in hospitals in this state by July 1 of the second year following the year this Code section first becomes effective or falls below 95 percent at any time thereafter, the advisory committee shall continue to work with hospitals and physicians to achieve that goal. The advisory committee shall advise and assist hospitals and physicians regarding the conditions and procedures under which a parent or guardian of a child may object to and thereby exempt the child from such screening for religious reasons. The advisory committee shall study and address those hospitals with a low volume of births, as determined by the Department of Human Resources based upon recommendations by the advisory committee on hearing in newborn infants, which may arrange otherwise for newborn infant hearing screening. (i) A physician, registered professional nurse, including a certified nurse midwife, or other health professional attending a birth outside a hospital or institution shall provide information, as established by the department, to parents regarding places where the parents may have their infants' screening and the importance of such screening. (j) The department shall encourage the cooperation of local health departments, health care clinics, school districts, health care providers, and any other appropriate resources to promote the screening of newborn infants' hearing and early identification and intervention for those determined to have hearing loss for those infants born outside a hospital or institution. SECTION 1.1 . Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding after Code Section 43-34-45 a new Code section to read as follows: 43-34-45.1. (a) This Code section shall be known and may be cited as the Georgia Volunteers in Medicine Health Care Act.

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(b) Notwithstanding any other provision of law, the board may issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may only be issued to a person who: (1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medicallicensing jurisdiction in the United States. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not-for-profit agencies, not-for-profit institutions, nonprofit corporations, or not-for-profit associations which provide medical services only to indigent patients in medically underserved or critical-need population areas of the state, as determined by the board. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g) The liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed.

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SECTION 1.2 . Code Section 43-44-7 of the Official Code of Georgia Annotated, relating to licensing of speech-language pathology and audiology, is amended by adding at the end a new subsection to read as follows: (h) A person who is not licensed as an audiologist may perform nondiagnostic electro-physiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification of communication disorders in infants under the age of three months, provided that: (1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter; (2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist; (3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as `pass or fail' or `pass or refer; ' (4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and (5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic information; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation. SECTION 2 . Section 1 of this Act shall become effective only if funds are specifically appropriated for purposes of Section 1 of this Act in an appropriations Act making specific reference to Section 1 of this Act and shall become effective when funds so appropriated become available for expenditure; the commissioner of human resources shall not be required to enforce any portion of Section 1 of this Act for which funds are not specifically appropriated. The remainder of this Act shall become effective July 1, 1999.

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SECTION 2.1 . Section 1.1 of this Act shall be automatically repealed July 1, 2002, upon which date any special license issued pursuant to Section 1.1 of this Act shall also expire. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1999. LOCAL GOVERNMENTHOMEOWNER TAX RELIEF GRANTS TO COUNTIES AND LOCAL SCHOOL DISTRICTS; AD VALOREM TAX CREDITS. Code Title 36, Chapter 89 Enacted. No. 161 (House Bill No. 553). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts; to define terms; to provide for the purpose of such grants; to authorize appropriations for such grants and specify the manner of such appropriation; to provide for calculation of the amount of such grants; to require the granting of certain credits against county and school ad valorem taxes as a condition of such grants; to provide for amount and manner of granting of such credits; to provide for administration and the adoption of rules and regulations by the state revenue commissioner; to provide for return to the state treasury of excess grant amounts; to provide for recovery of erroneously granted credit amounts; 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 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 89 to read as follows: CHAPTER 89 36-89-1. As used in this chapter, the term: (1) `County millage rate' means the ad valorem tax millage rate levied by a county for county purposes and applying to all qualified homesteads in the county, not including any millage levied for purposes of

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bonded indebtedness and not including any millage levied for school purposes. (2) `Eligible assessed value' means a certain stated amount of the assessed value of each qualified homestead in the state. The amount of the eligible assessed value for any given year shall be fixed in that year's General Appropriations Act. (3) `Fiscal authority' means the political subdivision which levies and collects ad valorem taxes on behalf of a local school district and may, if appropriate, include a local school district itself but will generally refer to a county or municipality which levies and collects ad valorem taxes on behalf of a local school district. (4) `Qualified homestead' means a homestead qualified for any exemption, state, county, or school, authorized under Code Section 48-5-44. (5) `School millage rate' means the ad valorem tax millage rate levied by or on behalf of a local school district and applying to all qualified homesteads in the local school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county purposes. (6) `State millage rate' means the state millage levy. 36-89-2. In any year the General Assembly may appropriate funds for homeowner tax relief grants to counties and local school districts, in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution. 36-89-3. In any year the General Assembly may appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties and local school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act. 36-89-4. (a) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county and local school district in the state as follows:

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(1) Immediately following the actual preparation of ad valorem property tax bills, each county tax commissioner shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; and (2) Immediately following the actual preparation of ad valorem property tax bills, each local school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the local school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the local school district shall be the amount of the grant to that local school district. Credit amounts computed under paragraphs (1) and (2) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable constitutional homestead exemptions and millage rollbacks. (b) The grant of funds to each county shall be conditioned on the county reducing each qualified homestead's otherwise applicable liability for county taxes for county purposes by a credit amount calculated in paragraph (1) of subsection (a) of this Code section. (c) The grant of funds to each local school district shall be conditioned on the local school district and its fiscal authority reducing each qualified homestead's otherwise applicable liability for school taxes by a credit amount calculated in paragraph (2) of subsection (a) of this Code section. (d) Each county and each fiscal authority shall show the credit amount on the tax bill, together with a prominent notice in substantially the following form: 'This reduction in your bill is the result of homeowner's tax relief enacted by the Governor and the General Assembly of the State of Georgia.' 36-89-5. (a) The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment distribution of grants when the commissioner determines that a full distribution

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will only result in the necessity of return of funds under subsection (b) of this Code section. (b) If any excess funds remain from the funds granted to any county or local school district under this chapter, after the county or local school district complies with the credit requirements of Code Section 38-89-4, such excess funds shall be returned by the county or local school district to the Department of Revenue. 36-89-6. Any credit under this chapter which is erroneously or illegally granted shall be recoverable by the political subdivision granting such credit in the same manner as any other delinquent tax. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1999. MOTOR VEHICLES AND TRAFFICSEAT SAFETY BELT; FAILURE TO USE. Code Section 40-8-76.1 Amended. No. 173 (House Bill No. 727). AN ACT To amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that the failure to use a safety belt in a motor vehicle which has a safety belt or belts shall not be considered by a finder of fact evidence of negligence or causation and shall not be considered in determining liability or to diminish a recovery for damages; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts

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shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1999. FOOD, DRUGS, AND COSMETICSPHARMACISTS; DEFINITIONS; STATE BOARD OF PHARMACY; POWERS; FOREIGN GRADUATES; LICENSES; SUSPENSIONS; NUCLEAR PHARMACY LAW ENACTED. Code Title 26, Chapter 4 Amended. No. 262 (Senate Bill No. 100). AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the Georgia Pharmacy Practice Act, so as to change the provisions relating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college graduates for certain licenses; to provide for inactive licenses and license reactivation; to change the provisions relating to disciplinary actions; to change the provisions relating to temporary license suspension and provide for summary license suspension; to provide for nuclear pharmacies; to provide a short title; to define certain terms; to provide for licensure of nuclear pharmacies and pharmacists and exemptions; to establish licensure requirements; to provide for general requirements for nuclear pharmacies; to establish minimal radiopharmaceutical equipment requirements; to provide sanctions; to provide for the suspension or revocation of licenses; to provide for refusal of licenses; to provide for rules and regulations; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the Georgia Pharmacy Practice Act, is amended by striking Code Section

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26-4-4, defining the practice of pharmacy, and inserting in its place the following: 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; performing capillary blood tests and interpreting the results as a means to screen for or monitor disease risk factors and facilitate patient education, and a pharmacist performing such functions shall report the results obtained from such blood tests to the patient's physician of choice; and the responsibility for compounding and labeling of drugs and devices. SECTION 1.1 . Said chapter is further amended by adding after paragraph (23) of Code Section 26-4-5, relating to definitions, a new paragraph to read as follows: (23.5) `Narcotic treatment program clinic pharmacy' means a pharmacy which is attached to, located in, or otherwise a part of and operated by a narcotic treatment program which provides an opiate replacement treatment program, as designated or defined by the Department of Human Resources or such other state agency as may be designated as the state authority for the purposes of implementing the narcotic treatment program authorized by federal and state laws and regulations. SECTION 2 . Said chapter is further amended by striking and at the end of paragraph (17) of subsection (a) of Code Section 26-4-28, relating to powers of the Georgia State Board of Pharmacy, striking the period at the end of paragraph (18) of that subsection and inserting a semicolon, and adding thereafter the following: (19) Restricting the inspection or examination of records or access to any area licensed and under the control of any registrant, which has been issued a permit by the board, to members of the board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug Enforcement Administration, the Georgia Department of Medical Assistance, or other federal agencies or agencies of this state otherwise entitled to such inspections or examinations by law, subpoena, or court order. This paragraph specifically prohibits inspections or examinations of board registrants or any requirement which forces board registrants to allow inspection or examination, or both, of their records by representatives for any nongovernment affiliated, private

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organization for any purpose since the access of patient prescription records is restricted by this chapter and access by such private organizations is unnecessary in that this access only duplicates existing record-keeping and inspection requirements already addressed by the laws and regulations of the board and other government organizations. This restriction shall also prohibit a private, nongovernment affiliated organization from examining or copying continuing education certificates maintained by individual registrants. Nothing in this paragraph shall prohibit the pharmacist in charge from voluntarily allowing appropriate agencies and organizations to inspect or examine the records and pharmacy area under the control of the pharmacist in charge provided such inspections or examinations are for the purposes of ensuring the quality of care provided to patients; and (20) Serving as the sole governmental or other authority which shall have the authority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or advanced pharmacy practice. Such accreditation and certification standards for specialties shall be set forth in rules promulgated by the board with such rules to contain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certification programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions: (A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification; (B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board; (C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board; (D) Any board approved or recognized accreditation for a specialty pharmacy practice of a pharmacy is to be deemed sufficient and

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shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; (E) Any board approved or recognized specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; and (F) The board may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, revoked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to appear before the board at a time and place not more than 60 days after the date of the service of the order. SECTION 3 . Said chapter is further amended by striking subsection (b) of said Code Section 26-4-28 and inserting in its place the following: (b) Proceedings by the board in the exercise of its authority to 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. SECTION 4 . Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 26-4-41, relating to qualifications for license to practice pharmacy, and inserting in its place the following:

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(4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; . SECTION 5 . Said chapter is further amended by striking subsection (c) of Code Section 26-4-42, relating to license transfers, which reads as follows: (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; (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., and inserting in its place the following: (c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college

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located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English linguage. Additionally, a foreign pharmacy graduate applicant 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 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. SECTION 6 . Said chapter is further amended by adding following Code Section 26-4-44 a new Code section to read as follows: 26-4-44.1. (a) The board shall provide by rule for an inactive pharmacist license status for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceuticals education. (b) The board shall provide by rule for reactivation of a pharmacist license for those persons who wish to have an active license. Such individuals must first file a reactivation application with the board and comply with the requirements for reactivation as set forth by board rule. SECTION 7 . Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 26-4-46, relating to eligibility for pharmacy intern licenses, which reads as follows:

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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 (EPGEC) certificate, who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist., and inserting in its place the following: (3) An individual who does not meet the requirements of paragraph (1) and (2) of this subsection and is a graduate of a pharmacy school or college located in another country but who has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations, the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. SECTION 8 . Said chapter is further amended by striking subsection (c) of Code Section 26-4-60, relating to disciplinary actions, and inserting in its place the following: (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. 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. SECTION 9 . Said chapter is further amended by striking Code Section 26-4-61, relating to temporary license suspension, which reads as follows: 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 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

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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., and inserting in its place the following: 26-4-61. (a) The provisions of subsection (c) of Code Section 50-13-18 with respect to emergency action by a state examining board and summary suspension of a license are adopted and incorporated by reference into this Code section. (b) Whenever a notice of summary suspension, notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding is docketed, it shall be personally served upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after reasonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant. (c) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. SECTION 10 . Said chapter is further amended by adding at the end a new article to read as follows: ARTICLE 10 26-4-170. This article shall be known and may be cited as the `Nuclear Pharmacy Law.' 26-4-171. As used in this article, the term: (1) `Authentication of product history' means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical. (2) `Board' means the State Board of Pharmacy.

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(3) `Compounding of radiopharmaceuticals' means the addition of a radioactive substance to nonradioactive substances or the use of a radioactive substance in preparation for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting reagents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals. (4) `Department' means the Department of Natural Resources. (5) `Internal test assessment' means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test. (6) `Manufacturing of radiopharmaceuticals' means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to provide a radiopharmaceutical for sale, resale, redistribution, or reconstitution. (7) `Nuclear pharmacy' means a pharmacy providing radiopharmaceutical service. (8) `Radiopharmaceutical' means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers. (9) `Radiopharmaceutical quality assurance' means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on radiopharmaceuticals and their component materials and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records. (10) `Radiopharmaceutical service' means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the maintenance of radiopharmaceutical quality assurance; and the responsibility for advising, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a nuclear pharmacy. 26-4-172. (a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals

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shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this article and the conditions of rules and regulations promulgated by the Board of Natural Resources for radioactive materials and administered by the department. The requirements of this article are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department. (b) Nothing in this article shall be construed as requiring a licensed physician to obtain a separate license as a nuclear pharmacist, when his or her use of radiopharmaceuticals is limited to the diagnosis and treatment of his or her own patients. (c) Nothing in this article shall be construed so as to require a licensed clinical laboratory, which is licensed by the Department of Human Resources to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals. (d) Nothing in this article shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license. 26-4-173. (a) An applicant for a license as a nuclear pharmacist shall: (1) Be a currently licensed pharmacist in the State of Georgia; (2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and (3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department. (b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section. 26-4-174. (a) A permit to operate a nuclear pharmacy shall only be issued in accordance with Article 6 of this chapter with the added designation that

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the pharmacist in charge be a nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceuticals shall be under the supervision of a licensed nuclear pharmacist. All acts of compounding and dispensing radiopharmaceuticals shall be performed by the nuclear pharmacist or by a pharmacist or pharmacy intern under the direct supervision and control of a nuclear pharmacist. A nuclear pharmacist shall be responsible for all operations of the nuclear pharmacy and shall be in personal attendance at all times when the acts of compounding and dispensing are performed and the pharmacy is open for business. (b) Nuclear pharmacies shall have adequate space, commensurate with the scope of services provided and, as required by rules and regulations promulgated by the board pursuant to implementation of this article, shall meet minimal space requirements established for all pharmacies in the state. The nuclear pharmacy area shall be separate from the pharmacy areas for nonradiopharmaceuticals and shall be secured from unauthorized personnel. (c) Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with acceptable professional standards of radiopharmaceutical quality assurance. (d) Nuclear pharmacies shall maintain records of acquisition and disposition of all radiopharmaceuticals in accordance with requirements of the board and the department. (e) Nuclear pharmacies shall comply with all applicable laws and regulations of federal and state agencies, including those laws and regulations governing nonradioactive drugs and pharmaceuticals. (f) Radiopharmaceuticals are to be dispensed only upon prescription order by a physician who is authorized by the department to possess, use, and administer radioactive materials. (g) A nuclear pharmacist may transfer to authorized persons radioactive materials not intended for drug use, in accordance with department regulations for radioactive materials. A nuclear pharmacy may also furnish radioactive materials for use to physicians, for individual patient use in accordance with subsection (f) of this Code section. (h) In addition to any labeling requirements required by rules and regulations of the board for nonradiopharmaceuticals, the immediate outer container of a radiopharmaceutical to be dispensed shall also be labeled as required in rules and regulations of the board and of the department. (i) The amount of radioactivity dispensed in each individual preparation shall be determined by the nuclear pharmacist through radiometric methods immediately prior to dispensing.

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(j) Nuclear pharmacies may redistribute federal Food and Drug Administration approved radiopharmaceuticals if the pharmacy does not process the radiopharmaceuticals in any manner or violate the product packaging. Such redistribution may only be made to another nuclear pharmacy or other authorized person or institution. 26-4-175. Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of the department. 26-4-176. The board may limit, suspend, or revoke licenses issued under the provisions of this article, or impose any other reasonable sanctions upon holders of such licenses upon proof of any of the violations specified in Code Sections 26-4-60 and 26-4-113. 26-4-177. The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-60 and 26-4-113. In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in any manner upon any examination administered pursuant to this article. 26-4-178. The board is authorized to promulgate rules and regulations to implement the provisions of this article. 26-4-179. Nothing in this article shall be construed to repeal the authority of the Department of Natural Resources to regulate the use of radioactive materials. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999.

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INSURANCEHEALTH INSURANCE; CONFIDENTIALITY OF PATIENTS' MEDICAL INFORMATION OBTAINED FROM PHARMACIES; TIME LIMIT FOR PAYMENT OF CLAIMS; NOTICES OF PREMIUM INCREASES. Code Title 33 Amended. No. 263 (House Bill No. 159). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for confidentiality of patients' medical information obtained by health insurers from pharmacies or pharmacists; to prohibit release of certain information to third parties without patient consent; to define a term; to provide a penalty for violations; to provide for time limits for payment of claims under certain health benefit plans and provide for sanctions; to change certain provisions relating to required policy provisions for individual accident and sickness insurance; to provide for notice prior to certain premium increases; change certain provisions relating to required provisions of group accident and sickness insurance policies; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-24-59.4 to read as follows: 33-24-59.4. (a) As used in this Code section, the term `insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; and such term includes any entity which administrates or processes claims on behalf of any of the foregoing. (b) Any medical information concerning a patient that was obtained by or released to an insurer from a pharmacy or pharmacist shall be confidential and privileged and may be released by such insurer to a third party for consideration only if such release is specifically authorized by such patient or a person otherwise authorized to act therefor. Any insurer possessing patient medical information which was obtained from a pharmacy or pharmacist shall not release such information to any third party for consideration without the explicit written consent of the patient or a person otherwise authorized to act therefor, which consent

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was obtained after written notice by the insurer to such patient or person otherwise authorized to act therefor of the purpose of such release, the party or parties to whom the information will be released, and any consideration paid or to be paid to the insurer for such information. (c) The provisions of subsection (b) of this Code section shall not prohibit the release of medical information by an insurer to a third party for purposes of appropriate medical research without notice to or the written consent of a patient or person authorized to act therefor, provided that such release does not provide any information that identifies a patient, prescriber, pharmacy, or pharmacist, including without limitation any name, address, or telephone number of a patient, prescriber, pharmacy, or pharmacist. Information released in accordance with the provisions of this subsection may be used for appropriate medical research. (d) Violation of this Code section by any insurer to which any license or certificate of authority has been issued under this title shall constitute an unfair trade practice punishable under Article 1 of Chapter 6 of this title. SECTION 2 . Said title is further amended by adding a new Code Section 33-24-59.5 to read as follows: 33-24-59.5. (a) As used in this Code section, the term: (1) `Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) `Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers' compensation. (3) `Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income

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Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (b) (1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days after such receipt mail to the insured or other person claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer, the insurer shall then have 15 working days within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. SECTION 3 . Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 33-29-3, relating to required policy provisions for individual accident and sickness insurance, and inserting in lieu thereof the following: (8) Time of payment of claims. The policy shall include a provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.5, relating to time limits for payment of claims for benefits under health benefit policies and sanctions for failure to pay timely. If a policy provides benefits for loss of time, such policy shall also provide that, subject to proof of such loss, all accrued benefits payable under the policy for loss of time will

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be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. SECTION 4 . Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end a new Code section to read as follows: 33-29-22. Notice of any premium increase shall be mailed or delivered to each holder of an individual accident and sickness insurance policy not less than 60 days prior to the effective date of such increase. SECTION 5 . Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 33-30-6, relating to required provisions of group accident and sickness insurance policies, and inserting in lieu thereof the following: (5) A provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.5, relating to time limits for payment of claims for benefits under health benefit policies and sanctions for failure to pay timely. If a policy provides benefits for loss of time, such policy shall also provide that, subject to proof of such loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. SECTION 6 . Sections 2, 3, and 4 of this Act shall apply to plans, policies, or contracts issued, delivered, issued for delivery, or renewed on or after the date this Act becomes effective. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999.

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MOTOR VEHICLES AND TRAFFICDRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR OTHER INTOXICATING SUBSTANCES; PENALTIES; DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS; CLINICAL EVALUATIONS; TREATMENT PROGRAMS; FINES. Code Section 40-6-391 Amended. No. 266 (House Bill No. 635). AN ACT To amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain penalty provisions applicable to a person who is convicted of a violation of said Code section; to require certain persons convicted of driving under the influence of alcohol, drugs, or other intoxicating substances to complete a DUI Alcohol or Drug Use Risk Reduction Program; to require certain persons convicted of driving under the influence of alcohol, drugs, or other intoxicating substances to undergo a clinical evaluation and, in some instances, complete a substance abuse treatment program; to authorize a judge to suspend a portion of the amount of certain fines if the defendant undergoes certain treatment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

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(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; and (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; or

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(3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; (C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. SECTION 2 . Said Code section is further amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraphs (2) or (3) of subsection (c) of this Code section for a second or subsequent conviction

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conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. HEALTHDEPARTMENT OF COMMUNITY HEALTH, BOARD OF COMMUNITY HEALTH, AND COMMISSIONER OF COMMUNITY HEALTH; CREATION. Code Titles 31 and 49 Amended. Code Title 31, Chapter 37 Repealed. No. 268 (Senate Bill No. 241). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its members; to provide for vacancies on the board and for its powers, duties, and functions; to provide for divisions of that department and for directors thereof; to provide for the Office of Women's Health and an advisory council; to provide for contracts and other powers, duties, and functions; to provide for the transfer of employees to the Department of Community Health and for retirement and other merit system and employment rights; to provide for transitional services; to provide for additional personnel; to provide for rules, regulations, policies, procedures, and orders of the Department of Community Health and provide for rights, privileges, duties, and entitlements under certain contracts, agreements, and transactions; to provide for a commissioner of community health and the appointment, removal, powers, and duties thereof; to provide that certain entities previously attached to the board of regents will be attached to the Department of Community Health for administrative purposes and be subject to the department in certain respects; to change the powers, duties, and functions of the Health Strategies Council; to establish the Composite State Board of Medical Examiners as a separate agency independent from the Secretary of State and joint-secretary of the state examining boards; to provide for an executive director of the Composite State Board of Medical Examiners and provide for the powers, duties, and functions of that board and director; to provide for that

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director's compensation; to provide for the applicability to that board and its licensees of certain laws relating to state examining boards and attach that board to the Department of Community Health for administrative purposes; to abolish the Board of Medical Assistance; to provide that the commissioner of community health will perform certain duties and functions previously performed by the commissioner of medical assistance, executive director of the Health Planning Agency and commissioner of personnel administration and that the Board of Community Health will perform certain duties and functions previously performed by the Board of Medical Assistance and State Personnel Board; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, The Medical Assistance for the Aged Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 5 thereof a new chapter to read as follows: CHAPTER 5A 31-5A-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes: (1) To serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit the state to maximize its purchasing power inasmuch as the state now has none of its health care purchasing coordinated; (3) To minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and

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(5) To focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility. 31-5A-2. Notwithstanding the provisions of Code Section 31-1-1, as used in this chapter, the term: (1) `Board' means the Board of Community Health established under Code Section 31-5A-3. (2) `Commissioner' means the commissioner of community health established under Code Section 31-5A-6. (3) `Department' means the Department of Community Health established under Code Section 31-5A-4. (4) `Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) `Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4. (6) `Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 31-5A-4. (7) `Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8) `Predecessor agency' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance. (9) `State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. (10) `State Personnel Board' means the board established under Article IV, Section III of the Constitution. 31-5A-3. (a) There is created the Board of Community Health which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance as they existed on June 30, 1999, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with

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regard to the state health benefit plan, are transferred to the Board of Community Health effective July 1, 1999. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of state examining boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. 31-5A-4. (a) The Department of Community Health is created and established to perform the functions and assume the duties and powers exercised on June 30, 1999, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance. The department shall also assume powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al. , Civil Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall

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thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department. (c) The executive director of the Health Planning Agency in office on June 30, 1999, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration in office on June 30, 1999, shall become directors of the respective divisions which those predecessor agencies or divisions have become on and after July 1, 1999, and until such time as the commissioner appoints other directors of such divisions. (d) (1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall: (A) Raise awareness of women's nonreproductive health issues; (B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with

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staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e) The board of regents is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Mental Retardation, and Substance Abuse, and the Office of Aging thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; and (5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a

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consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999. 31-5A-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency on June 30, 1999, shall, on July 1, 1999, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1999, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 1999, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1999. Accrued annual and sick leave possessed by said employees on June 30, 1999, shall be retained by said employees as employees of the department. (c) (1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this

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chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (d) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies which were in effect on June 30, 1999, or scheduled to go into effect on or after July 1, 1999, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (e) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999, by any predecessor agency and which pertain to the functions transferred to the department by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the Department of Community Health shall be substituted for the predecessor agency, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (f) (1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were also performing functions other than functions for that division. Employees so transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department. 31-5A-6. There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. SECTION 2 . Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, is amended by striking Code

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Section 20-3-516, relating to funds for the State Medical Education Board, and inserting in its place the following: 20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the State Medical Education Board from appropriations to the Department of Community Health for medical scholarships or other purposes. The State Medical Education Board shall be assigned to the Department of Community Health for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board. SECTION 3 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after paragraph (6) of Code Section 31-6-2, relating to health planning and development definitions, the following paragraph: (6.1) `Department' means the Department of Community Health established under Chapter 5A of this title. SECTION 4 . Said title is further amended by striking paragraph (19) of said Code Section 31-6-2 and inserting in its place the following: (19) Reserved. SECTION 5 . Said title is further amended by striking subsections (g), (h), and (i) of Code Section 31-6-20, relating to Health Strategies Council creation, and inserting in their place the following: (g) The functions of the council shall be to: (1) Adopt the state health plan and submit it to the board for approval which shall include all of the components of the council's functions and be regularly updated; (2) Review, comment on, and make recommendations to the department on proposed rules for the administration of this chapter, except emergency rules, prior to their adoption by the department; (3) Conduct an ongoing evaluation of Georgia's existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and administrative accessibility, quality, comprehensiveness, and cost; (4) Study long-term comprehensive approaches to providing health insurance coverage to the entire population; and

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(5) Perform such other functions as may be specified for the council by the department or its board. (h) The council shall prepare an annual report to the board and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The annual report shall include information for Georgia's congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and longterm health care. (i) The council at the department's request shall involve and coordinate functions with such state entities as necessary. (j) As used in subsections (g), (h), and (i) of this Code section, the term: (1) `Board' means the Board of Community Health established under Chapter 5A of Title 31. (2) `Department' means the Department of Community Health established under Chapter 5A of Title 31. SECTION 6 . Said title is further amended by striking subsection (a) of Code Section 31-6-21, relating to the creation of the Health Planning Agency, and inserting in its place the following: (a) The Department of Community Health, established under Chapter 5A of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Health Strategies Council and approved by the board. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the Board of Community Health. SECTION 7 . Said title is further amended by striking Code Section 31-6-22, relating to the planning agency executive director, and inserting in its place the following: 31-6-22. The department shall be directed by the commissioner of community health. SECTION 8 . Said title is further amended by striking Code Section 31-6-48, relating to abolition of prior units, and Code Section 31-6-49, relating to transitional provisions, and inserting in their respective places the following:

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31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council and except that on and after July 1, 1999, the Department of Community Health shall be the successor to the Health Planning Agency. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor department, council, or board established in this chapter shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished. 31-6-49. All matters transferred to the Health Strategies Council and the Health Planning Review Board by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically remain in such council or board on and after July 1, 1999, until otherwise disposed of. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health on July 1, 1999. SECTION 9 . Said title is further amended by striking paragraph (1) of Code Section 31-8-151, relating to Indigent Care Trust Fund definitions, and inserting in its place the following: (1) `Department' means the Department of Community Health created by Chapter 5A of this title. SECTION 10 . Said title is further amended by striking Code Section 31-34-8, relating to funding of a loan program of the State Medical Education Board, and inserting in its place the following: 31-34-8. The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Department

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of Community Health for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be assigned to the Department of Community Health for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board. SECTION 11 . Said title is further amended by striking and reserving Chapter 37 thereof, relating to health care personnel. SECTION 12 . Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to license to practice medicine, is amended by striking Code Section 43-34-22, relating to continuation in office of the board, and inserting in its place the following: 43-34-22. The terms of office of members of the Composite State Board of Medical Examiners in office on June 30, 1999, shall expire July 1, 1999, except that the Governor by executive order may provide that such terms expire after July 1, 1999, but no later than July 1, 2000, and upon the appointment and qualification of their respective successors. Those successors shall be appointed by the Governor for terms of office beginning on the later of July 1, 1999, or the date immediately following the expiration of the terms of office of those members in office on June 30, 1999, with four of such successors to have initial terms of one year, four of such successors to have initial terms of two years, and five of such successors to have initial terms of three years. The Governor shall specify the initial terms of office for each of those successors at the time of their appointment. Upon the expiration of such initial terms, successors to members of the board whose terms of office expire shall serve for terms of four years each. Members of the board shall serve for the terms specified and until their respective successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. SECTION 13 . Said chapter is further amended by striking Code Section 43-34-24, relating to board organization, and inserting in its place the following: 43-34-24. (a) Immediately after the appointment and qualification of the members, the board shall meet and organize and shall elect a president and

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vice-president. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (b) The board shall hold two regular meetings each year, one in May or June and one in October. Called meetings may be held at the discretion of the president. The board shall adopt a seal, which must be affixed to all licenses issued by the board. (c) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine. 43-34-24.1. (a) The board shall not be under the jurisdiction of the joint-secretary or the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a state examining board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners as provided under this chapter the powers, duties, and functions of such examining boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the joint-secretary with respect to state examining boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State with regard to state examining boards. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) Licenses issued by the board which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the board. (e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for state examining boards under Code Section 43-1-5.

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(f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (g) The board shall give point credit to veterans in the same manner as required for state examining boards under Code Sections 43-1-9 through 43-1-13. (h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (i) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise. (k) The board shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request. SECTION 14 . Code Section 44-5-149 of the Official Code of Georgia Annotated, relating to creation of the Advisory Board on Anatomical Gift Procurement, is amended by striking subparagraphs (a)(1)(H) and (a)(1)(J) and inserting in their place the following: (H) One representative of the Department of Community Health; (I) Reserved; and. SECTION 15 . Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance, is amended by striking paragraph (1) of Code Section 45-18-1, relating to definitions, and inserting in its place the following: (1) `Board' means the Board of Community Health established under Chapter 5A of Title 31.

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(1.1) `Commissioner' means the commissioner of community health. SECTION 16 . Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking and reserving Article 6 thereof, The Medical Assistance for the Aged Act. SECTION 17 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-141, relating to definitions regarding medical assistance, and inserting in its place the following: 49-4-141. As used in this article, the term: (1) `Applicant for medical assistance' means a person who has made application for certification as being eligible, generally, to have medical assistance paid in his or her behalf pursuant to the state plan and whose application has not been acted upon favorably. (2) `Board' means the Board of Community Health established under Chapter 5A of Title 31. (3) `Commissioner' means the commissioner of the department. (4) `Department' means the Department of Community Health established under Chapter 5A of Title 31. (5) `Medical assistance' means payment to a provider of a part or all of the cost of certain items of medical or remedial care or service rendered by the provider to a recipient of medical assistance, provided such items are rendered and received in accordance with such provisions of Title XIX of the federal Social Security Act of 1935, as amended, regulations promulgated pursuant thereto by the secretary of health and human services, all applicable laws of this state, the state plan, and regulations of the department which are in effect on the date on which the items are rendered. (6) `Provider of medical assistance' means a person or institution, public or private, which possesses all licenses, permits, certificates, approvals, registrations, charters, and other forms of permission issued by entities other than the department, which forms of permission are required by law either to render care or to receive medical assistance in which federal financial participation is available and which meets the further requirements for participation prescribed by the department and which is enrolled, in the manner and according to the terms prescribed by the department, to participate in the state plan.

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(7) `Recipient of medical assistance' means a person who has been certified eligible, pursuant to the state plan, to have medical assistance paid in his or her behalf. (8) `State plan' means all documentation submitted by the commissioner in behalf of the department to and for approval by the secretary of health and human services, pursuant to Title XIX of the federal Social Security Act, as amended (Act of July 30, 1965, P.L. 89-97, Stat. 343, as amended). (9) `Third party' means an individual, institution, corporation, or public or private agency, other than the department, that is legally liable to pay all or any part of the medical costs incurred by a recipient of medical assistance on account of any sickness, injury, disease, or disability to such a recipient. SECTION 18 . Said title is further amended by striking subsection (a) of Code Section 49-4-142, relating to the creation of the Department of Medical Assistance, and inserting in its place the following: (a) The Department of Community Health established under Chapter 5A of Title 31 is authorized to adopt and administer a state plan for medical assistance in accordance with Title XIX of the federal Social Security Act, as amended (Act of July 30, 1965, P.L. 89-97, 79 Stat. 343, as amended), provided such state plan is administered within the appropriations made available to the department. The department is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this article. Further, the department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the state plan and to receive the maximum amount of federal financial participation available in expenditures made pursuant to the state plan; provided, however, the department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or repeal of any such rule or regulation. The department is authorized to enter into such reciprocal and cooperative arrangements with other states, persons, and institutions, public and private, as it may deem necessary or desirable in order to execute the state plan. SECTION 19 . Said title is further amended by striking Code Section 49-4-143, relating to the creation of the Board of Medical Assistance, and Code Section 49-4-144, relating to the creation of the position of commissioner of medical assistance, and inserting in their respective places the following: 49-4-143. The Board of Community Health established under Chapter 5A of Title 31 is empowered to establish the general policy to be followed by the

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department. The Board of Medical Assistance which existed June 30, 1999, is abolished July 1, 1999, and no person shall be appointed to such board on or after July 1, 1999. 49-4-144. The commissioner of community health established under Chapter 5A of Title 31 shall be the chief administrative officer of the department and, subject to the general policy established by the board, shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. SECTION 20 . Said title is further amended by striking Code Section 49-4-155, relating to successors to certain rules, and Code Section 49-4-156, relating to rights under existing transactions, and inserting in their places the following: 49-4-155. The Department of Community Health shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156. 49-4-156. Reserved. SECTION 21 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 49-10-1, relating to membership of the Georgia Board for Physician Workforce, and inserting in its place the following: (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 Department of Community Health for administrative purposes only, as defined by Code Section 50-4-3, except that such department shall prepare and submit the budget for that board in concurrence with that board. SECTION 22 . The Official Code of Georgia Annotated is amended by striking from each of the following Code sections the term Health Planning Agency

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wherever it appears and inserting Department of Community Health; by striking the term planning agency wherever it appears and inserting department; by striking the term the agency wherever it appears and inserting the department; by striking the term The agency wherever it appears and inserting The department; by striking the term planning agency's wherever it appears and inserting department's; by striking the term agency's wherever it appears and inserting department's; by striking the term final agency decision wherever it appears and inserting final department decision; and by striking the term successor agency wherever it appears and inserting successor department: (1) Code Section 31-6-2, relating to planning agency definitions; (2) Code Section 31-6-20, except for subsections (g), (h), and (i), relating to Health Strategies Council generally; (3) Subsection (b) of Code Section 31-6-21, relating to the Health Planning Agency creation; (4) Code Section 31-6-21.1, relating to rules of the Health Planning Agency; (5) Code Section 31-6-40, relating to certificate of need requirement; (6) Code Section 31-6-40.1, relating to health care facility acquisition; (7) Code Section 31-6-40.2, relating to new perinatal services; (8) Code Section 31-6-41, relating to certificate of need scope; (9) Code Section 31-6-42, relating to qualifications for certificate of need; (10) Code Section 31-6-43, relating to certificate of need applications; (11) Code Section 31-6-44, relating to Health Planning Review Board; (12) Code Section 31-6-45, relating to certificate of need revocation; (13) Code Section 31-6-45.1, relating to automatic certificate of need revocation; (14) Code Section 31-6-45.2, relating to termination of medical assistance participation; (15) Code Section 31-6-46, relating to annual reports; (16) Code Section 31-6-47, relating to chapter exemptions; (17) Code Section 31-6-50, relating to capital expenditures review; (18) Code Section 31-6-70, relating to hospital reports; (19) Code Section 31-7-155, relating to home health agency certificate of need;

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(20) Code Section 31-7-282, relating to health data collection; (21) Code Section 31-16-7, relating to kidney dialyzer reuse; (22) Code Section 33-45-3, relating to continuing care provider certificates of authority; (23) Code Section 43-1B-6, relating to patient self-referral regulation; (24) Code Section 43-34-27, relating to licenses to practice medicine; (25) Code Section 50-13-9.1, relating to rule waivers; (26) Code Section 50-13-42, relating to article applicability; and (27) Code Section 50-26-19, relating to health care facility financing. SECTION 23 . Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance, is amended by striking from each of the following Code sections the terms commissioner of personnel administration, State Personnel Board, and State Merit System of Personnel Administration wherever they appear and inserting in their respective places commissioner of community health, Board of Community Health, and Department of Community Health: (1) Code Section 45-18-12, relating to health insurance fund creation; (2) Code Section 45-18-13, relating to deposits from the health insurance fund; (3) Code Section 45-18-15, relating to rules for the article's administration; (4) Code Section 45-18-16, relating to certification to departments; and (5) Code Section 45-18-18, relating to discharge of certain debts. SECTION 24 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the term Department of Medical Assistance wherever it occurs and inserting in its place Department of Community Health, by striking the term Department of Medical Assistance's wherever it occurs and inserting in its place Department of Community Health's, by striking the term Board of Medical Assistance wherever it occurs and inserting in its place Board of Community Health, and by striking the term commissioner of medical assistance wherever it occurs and inserting in its place commissioner of community health: (1) Code Section 9-2-21, relating to parties to tort actions; (2) Code Section 15-21-143, relating to members of the Brain and Spinal Injury Trust Fund Authority;

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(3) Code Section 19-11-27, relating to accident and sickness insurance coverage for children; (4) Code Section 20-2-133, relating to free public education; (5) Code Section 31-2-6, relating to actions against persons regulated by the Department of Human Resources; (6) Code Section 31-6-45.2, relating to termination of medical assistance participation; (7) Code Section 31-6-47, relating to exemptions from the chapter; (8) Code Section 31-7-75, relating to hospital authority powers; (9) Code Section 31-7-282, relating to health care data collection; (10) Code Section 31-8-106, relating to information provided to longterm care facility residents; (11) Code Section 31-8-155, relating to transfers to a trust fund; (12) Code Section 33-21-29, relating to point-of-service options; (13) Code Section 33-24-56.1, relating to reimbursement of medical expenses; (14) Code Section 42-5-2, relating to government responsibility regarding inmates; (15) Code Section 42-5-54, relating to inmate medical insurance information; (16) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (17) Code Section 43-27-5, relating to general powers of the State Board of Nursing Home Administrators; (18) Code Section 49-2-11, relating to acceptance of federal funds; (19) Code Section 49-4-6, relating to income disregarded for eligibility; (20) Code Section 49-4-146, relating to time for actions on claims; (21) Code Section 49-4-146.3, relating to forfeiture of property for Medicaid fraud; (22) Code Section 49-4-147, relating to medical assistance liens; (23) Code Section 49-4-147.2, relating to liability for interest; (24) Code Section 49-4-148, relating to recovery against third parties; (25) Code Section 49-4-149, relating to department liens; (26) Code Section 49-4-149.1, relating to family supplementation;

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(27) Code Section 49-4-150, relating to maintenance of records; (28) Code Section 49-4-151, relating to obtaining information; (29) Code Section 49-4-152, relating to research projects; (30) Code Section 49-4-153, relating to administrative hearings; (31) Code Section 49-4-156.1, relating to reimbursement for certain community care; (32) Code Section 49-4-157, relating to statutory construction; (33) Code Section 49-5-253, relating to creation of the Georgia Policy Council for Children and Families; and (34) Code Section 49-5-272, relating to PeachCare for Kids definitions. SECTION 25 . Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to license to practice medicine, is amended by striking from the following Code sections wherever it appears the term joint-secretary and inserting in its place executive director: (1) Code Section 43-34-21, relating to creation of the Composite State Board of Medical Examiners; (2) Code Section 43-34-27, relating to licensing requirements to practice medicine; (3) Code Section 43-34-32, relating to temporary licenses; (4) Code Section 43-34-35, relating to issuance of licenses; (5) Code Section 43-34-36, relating to recording licenses; (6) Code Section 43-34-37, relating to investigations; and (7) Code Section 43-34-39, relating to orders revoking a license. SECTION 26 . Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school health insurance plans, is amended by striking from the following Code sections the term `Board' means the State Personnel Board wherever it appears and inserting in its place `Board' means the Board of Community Health established under Chapter 5A of Title 31, by striking the term `Commissioner' means the commissioner of personnel administration wherever it appears and inserting in its place `Commissioner' means the commissioner of community health established under Chapter 5A of Title 31, and by striking the term commissioner of personnel administration wherever it appears and inserting in its place commissioner of community health:

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(1) Code Section 20-2-880, relating to definitions regarding health insurance for school teachers; (2) Code Section 20-2-896, relating to administrative discharge of debts regarding health insurance for school teachers; (3) Code Section 20-2-910, relating to definitions regarding health insurance for public school employees; and (4) Code Section 20-2-924, relating to administrative discharge of debts regarding health insurance for public school employees. SECTION 27 . This Act shall become effective on July 1, 1999, except that Sections 12, 13, and 25 of this Act and any other provisions of this Act relating to the transfer of the Composite State Board of Medical Examiners from the jurisdiction of the Secretary of State shall not become effective upon July 1, 1999, if the Governor by executive order issued before that date determines such transfer to be impracticable on that date, in which event those sections and provisions shall become effective upon the effective date specified in that executive order but no later than July 1, 2000. SECTION 28 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. INSURANCEHEALTH INSURANCE; CONTRACEPTIVES; COVERAGE. Code Section 33-24-59.1 Enacted. No. 269 (House Bill No. 374). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for legislative findings; to require health insurers to provide coverage for any prescription drug or device approved for use as a contraceptive; to provide for definitions; to provide for terms and conditions of such coverage; to prohibit certain constructions; to provide for regulations and notice to policyholders; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33, relating to insurance generally, is amended by inserting a new Code section to be designated Code Section 33-24-59.1 to read as follows:

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33-24-59.1. (a) The General Assembly finds and declares that: (1) Maternal and infant health are greatly improved when women have access to contraceptive supplies to prevent unintended pregnancies; (2) Because many Americans hope to complete their families with two or three children, many women spend the majority of their reproductive lives trying to prevent pregnancy; (3) Research has shown that 49 percent of all large group insurance plans do not routinely provide coverage for contraceptive drugs and devices. While virtually all health care plans cover prescription drugs generally, the absence of prescription contraceptive coverage is largely responsible for the fact that women spend 68 percent more in out-of-pocket expenses for health care than men; and (4) Requiring insurance coverage for prescription drugs and devices for contraception is in the public interest in improving the health of mothers, children, and families and in providing for health insurance coverage which is fairer and more equitable. (b) As used in this Code section, the term: (1) `Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, provider sponsored health care corporation, or other insurer or similar entity. (2) `Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, or any similar entity authorized to issue contracts under this title. (c) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1999, which provides coverage for prescription drugs on an outpatient basis shall provide coverage for any prescribed drug or device approved by the United States Food and Drug Administration for use as a contraceptive. This Code section shall not apply to limited benefit policies described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing contained in this Act

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shall be construed to require any insurance company to provide coverage for abortion. (d) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this Code section any: (1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level or copayment level, receiving benefits for prescription drugs; or (2) Reduction in allowable reimbursement for prescription drug benefits. (e) This Code section shall not be construed to: (1) Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs; (2) Preclude the use of closed formularies, provided, however, that such formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. INSURANCEBREAST CANCER PATIENT CARE ACT; HEALTH INSURANCE COVERAGE; NOTICES. Code Title 33, Chapter 24, Article 3 Enacted. No. 270 (House Bill No. 604). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for periods of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care; to provide for notice to policyholders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end a new article to read as follows:

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ARTICLE 3 33-24-70. This article shall be known and may be cited as the `Breast Cancer Patient Care Act.' 33-24-71. The General Assembly finds and declares that: (1) Whereas, until recently health care insurers covered costs of hospital stays of a patient who had undergone a mastectomy or lymph node dissection until that patient was discharged by a physician. Now some insurers are making mastectomies and lymph node dissections an outpatient procedure and refusing to pay for any hospital inpatient care following the procedure; (2) There is sufficient scientific data to question the safety and appropriateness of such treatment of breast cancer patients; and (3) The length of postmastectomy or postlymph node dissection inpatient stay should be a clinical decision made by a physician in agreement with the patient based on the unique characteristics of the patient and the surgery involved. 33-24-72. (a) As used in this Code section, the term: (1) `Attending physician' means any surgeon or other physician attending the breast cancer patient. (2) `Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity; except that such term does not include any policy of limited benefit insurance as defined in paragraph (4) of subsection (e) of Code Section 33-30-12. (3) `Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A.

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Section 1396 et seq., and any other publicly funded state health care program. (4) `Lymph node dissection' means the removal or a part of the lymph node system under the arm using general anesthesia as part of a diagnostic process that is used to evaluate the spread of cancer and to determine the need for further treatment. (5) `Mastectomy' means surgical removal of one or both breasts. (b) Every health benefit policy that provides surgical benefits for mastectomies that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1999, shall provide coverage in a licensed health care facility for inpatient care following a mastectomy or lymph node dissection until the completion of the appropriate period of stay for such inpatient care as determined by the attending physician in consultation with the patient. Coverage shall be provided also for such number of follow-up visits as determined to be appropriate by the attending physician after consultation with the patient. Such follow-up visits shall be conducted by a physician, a physician's assistant, or a registered professional nurse with experience and training in postsurgical care. In consultation with the patient, such attending physician, physician's assistant, or registered professional nurse shall determine whether any follow-up visit or visits will be conducted at home or at the office. (c) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section. The notice shall be in writing and prominently positioned in any of the following literature: (1) The next mailing to the policyholder; (2) The yearly informational packets sent to the policyholder; or (3) Other literature mailed before January 1, 2000. (d) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall include the attending physician and hospital. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999.

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STATE GOVERNMENTELECTRONIC COMMERCE STUDY COMMITTEE; RECREATION; SUNSET. Code Section 50-29-12 Amended. No. 271 (Senate Bill No. 61). AN ACT To amend Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee and provide for its membership, organization, terms of office, vacancies, meetings, powers, and reports; to provide for allowances and expenses; to provide for an effective date; to provide for termination of the Electronic Commerce Study Committee and the repeal of laws relating thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to electronic signature pilot projects, is amended by striking subsection (d) thereof and inserting in its place the following: (d) There is created the Electronic Commerce Study Committee to be composed of 13 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. 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 to serve as cochair during their terms of office as a member of the committee. The GeorgiaNet Authority shall appoint one member to 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

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adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 15 of each year. The Electronic Commerce Study Committee created in this subsection shall be terminated on December 31, 2000, and this subsection shall be repealed in its entirety on December 31, 2000. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. COMMERCE AND TRADEGEORGIA ELECTRONIC RECORDS AND SIGNATURES ACT; DEFINITIONS; LEGAL EFFECT; VALIDITY; ADMISSIBILITY; FRAUD; BURDEN OF PROOF. Code Sections 10-12-3 and 10-12-4 Amended. No. 272 (Senate Bill No. 62). 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 provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure electronic signatures; to provide for contesting an electronic record or signature on the basis of fraud; to provide for compliance with rules of evidence requiring authentication or identification of a record or signature; to provide for burden of proof; to provide for exceptions; 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 striking Code Sections 10-12-3 and 10-12-4, which read as follows:

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10-12-3. As used in this chapter the term: (1) `Electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated. (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. (2) `Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. `Record' includes both electronic records and printed, typewritten, and tangible records. 10-12-4. Any person 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., and inserting in their place the following: 10-12-3. As used in this chapter the term: (1) `Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means. (2) `Electronic record' means information created, transmitted, received, or stored by electronic means and retrievable in human perceivable form.

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(3) `Electronic signature' means a signature created, transmitted, received, or stored by electronic means and includes but is not limited to a secure electronic signature. (4) `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. (5) `Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form. (6) `Secure electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated. (7) `Signature' means any symbol or method that a person causes to be attached to or logically associated with a record with the intent to sign such record. 10-12-4. (a) Records and signatures shall not be denied legal effect or validity solely on the grounds that they are electronic. (b) In any legal proceeding, an electronic record or electronic signature shall not be inadmissible as evidence solely on the basis that it is electronic. (c) When a rule of law requires a writing, an electronic record satisfies that rule of law. (d) When a rule of law requires a signature, an electronic signature satisfies that rule of law. (e) When a rule of law requires an original record or signature, an electronic record or electronic signature shall satisfy such rule of law. (f) Nothing in this Code section shall prevent a party from contesting an electronic record or signature on the basis of fraud. (g) Nothing in this Code section shall relieve any party to a legal proceeding from complying with applicable rules of evidence requiring authentication or identification of a record or signature as a condition precedent to its admission into evidence. (h) Where the authenticity or the integrity of an electronic record or signature is challenged in a court of law, the proponent of the electronic

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record or signature shall have the burden of proving that the electronic record or signature is authentic. (i) Notwithstanding the preceding subsections of this Code section, the legal validity, effect, and admissibility of electronic records and electronic signatures shall be limited as follows: (1) Each department, agency, authority, or instrumentality of the state or its political subdivisions shall determine how and the extent to which it will create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures. Nothing in this chapter shall be construed to require any department, agency, authority, or instrumentality of the state or its political subdivisions to create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures; (2) A consumer shall not be required to create, send, receive, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures without such consumer's consent. This paragraph shall apply to natural persons when engaged in transactions involving money, property, or services primarily used for household purposes; and (3) The provisions of this Code section shall not apply to any rule of law governing the creation or execution of a will or testamentary or donative trust, living will, or health care power of attorney, or to any record that serves as a unique and transferable physical token of rights and obligations, including, without limitation, negotiable instruments and instruments of title wherein possession of the instrument is deemed to confer title. (j) Any rule of law which requires a notary shall be deemed satisfied by the secure electronic signature of such notary. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. EDUCATIONLIABILITY INSURANCE FOR LOCAL SCHOOL OFFICIALS AND EMPLOYEES; INCLUSION OF NONPROFIT ORGANIZATIONS WITHIN COVERAGE. Code Section 20-2-991.1 Enacted. No. 273 (Senate Bill No. 192). AN ACT To amend Article 18 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to liability insurance for state and local school

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officials and employees, so as to authorize local school boards to include provisions insuring certain nonprofit volunteer organizations and their members in insurance policies and indemnity contracts purchased for school officials and employees; to impose certain restrictions; 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 18 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to liability insurance for state and local school officials and employees, is amended by adding a new Code section, to be designated as Code Section 20-2-991.1, to read as follows: 20-2-991.1. A policy of liability insurance or contract of indemnity purchased pursuant to Code Section 20-2-991 by a board of education of a county, city, or independent school system may, in the board's discretion, include provisions insuring nonprofit organizations, their members, and school volunteers against damages arising out of the performance of volunteer duties in support of the educational purposes of the school system, when such duties are authorized by the board or its designee; provided, however, that the inclusion of such provisions relating to nonprofit organizations and their members (1) has no effect whatsoever on the cost of the policy or contract so purchased either at its initial purchase or upon renewal and (2) does not require the expenditure of state, county, federal, or local funds for the administration of such provisions. SECTION 2 . This Act shall become effective on July 1, 1999, and shall apply to policies and contracts that are entered into or renewed on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. INSURANCEMANAGED HEALTH CARE PLANS; ATHLETIC TRAINERS AS HEALTH CARE PROVIDERS; REIMBURSEMENT. Code Section 33-20A-3 Amended. Code Section 33-24-27.2 Enacted. No. 274 (House Bill No. 93). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to include athletic trainers within the definition of health

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care providers for purposes of managed health care plans; to provide for reimbursement under insurance policies for services within the scope of practice of athletic trainers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (3) of Code Section 33-20A-3, relating to definitions relative to managed health care plans, and inserting in lieu thereof the following: (3) `Health care provider' or `provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, clinical social worker, advance practice nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8, occupational therapist, speech language pathologist, audiologist, dietitian, or physician's assistant. SECTION 2 . Said title is further amended by adding a new Code Section 33-24-27.2 to read as follows: 33-24-27.2. (a) Notwithstanding any provisions in policies or contracts which might be construed to the contrary, from and after July 1, 1999, all individual, group, or blanket policies of accident and sickness insurance and individual or group service or indemnity contracts issued by nonprofit corporations or by health care corporations which are issued, delivered, issued for delivery, amended, or renewed in this state and which provide coverage for services which are within the lawful scope of practice of an athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8 shall be deemed to provide that any person covered under such policies or contracts shall be entitled to receive reimbursement for services under such policies or contracts regardless of whether such services are rendered by a duly licensed doctor of medicine or by an athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8. Nothing contained herein shall require an insurance to offer such coverage. (b) This Code section shall not be construed so as to impair the obligation of any policy or contract which is in existence prior to July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999.

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DOMESTIC RELATIONSSECURITIES SALESPERSONS AND INVESTMENT ADVISER REPRESENTATIVES; DENIAL OR REVOCATION OF REGISTRATION; CHILD SUPPORT ORDERS; GUARANTEED EDUCATIONAL LOANS; DEFAULT; CHILD CUSTODY; FAMILY VIOLENCE. Code Sections 10-5-4, 19-6-28.1, 19-9-1, 19-9-3, 19-11-9.3, and 20-3-295 Amended. No. 275 (House Bill No. 230). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, Chapters 6, 9, and 11 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, child custody, and enforcement of the duty to support, respectively, and Code Section 20-3-295, relating to certified lists of borrowers in default, administrative hearings, and appeals, so as to authorize the denial, suspension, denial of the renewal of, or revocation of the registration of a securities salesperson or investment adviser representative upon notice that an applicant for or a holder of such a registration is not in compliance with an order for child support or is a borrower of a guaranteed educational loan under the Georgia Higher Education Loan program who is in default and has not made satisfactory arrangements to ensure voluntary repayment; to provide for hearings and appeals; to provide that in child custody proceedings a court shall not refuse to consider otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence; to authorize ordering supervised visitation; 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 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, is amended in Code Section 10-5-4, relating to denial, suspension, or revocation of the registration of a dealer, salesperson, investment adviser, or investment adviser representative, by inserting two new subsections to be designated subsections (e) and (f) to read as follows: (e) The commissioner, by order, may deny, suspend, deny renewal of, or revoke the registration of a salesperson or investment adviser representative upon notice to the commissioner by either a court of competent jurisdiction or the child support agency within the Department of Human Resources that the applicant for or holder of such a registration

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is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or Code Section 19-11-9.3. Notwithstanding the provisions of Code Section 10-5-16, the hearings and appeals procedures provided in Code Section 19-6-28.1 or Code Section 19-11-9.3, where applicable, shall be the only such procedures required under this subsection. (f) The commissioner, by order, may deny, suspend, deny renewal of, or revoke the registration of a salesperson or investment adviser representative upon notice to the commissioner by the Georgia Higher Education Assistance Corporation that the applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. Notwithstanding the provisions of Code Section 10-5-16, the hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this subsection. SECTION 2 . Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended in Code Section 19-6-28.1, relating to the suspension of or denial of an application for or renewal of a license for noncompliance with a child support order, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following: (2) `Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the `Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to forresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. SECTION 3 . Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody, is amended in Code Section 19-9-1, relating to determination of child custody, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:

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(2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7. SECTION 4 . Said chapter is further amended in Code Section 19-9-3, relating to determination of child custody, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following: (3) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.

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SECTION 5 . Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of the duty to support, is amended in Code Section 19-11-9.3, relating to suspension or denial of a license for noncompliance with a child support order, by striking in its entirety paragraph (9) of subsection (a) and inserting in lieu thereof the following: (9) `Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the `Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. SECTION 6 . Code Section 20-3-295, relating to certified lists of borrowers in default, administrative hearings, and appeals, is amended by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof the following: (8) `Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation, including those under Article 3 of Chapter 7 of Title 2, the `Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.

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SECTION 7 . This Act shall become effective on July 1, 1999. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. LOCAL GOVERNMENTENTERPRISE ZONE EMPLOYMENT ACT OF 1997; RESIDENTIAL CONSTRUCTION AND REHABILITATION; AD VALOREM TAX EXEMPTIONS. Code Sections 36-88-3 and 36-88-8 Amended. No. 276 (House Bill No. 381). AN ACT To amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, the Enterprise Zone Employment Act of 1997, so as to provide that new residential construction and residential rehabilitation shall be qualified business enterprises for purposes of Chapter 36; to change the definition of business enterprise; to change certain provisions regarding ad valorem tax exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 88 of Title 36 of the Official Code of Georgia Annotated, the Enterprise Zone Employment Act of 1997, is amended by striking paragraph (2) of Code Section 36-88-3, relating to definitions, and inserting in its place a new paragraph (2) to read as follows: (2) `Business enterprise' means any business which is engaged primarily in manufacturing, warehousing and distribution, processing, telecommunications, tourism, research and development industries, new residential construction, and residential rehabilitation. SECTION 2 . Said chapter is further amended by striking subsection (b) of Code Section 36-88-8, relating to ad valorem tax ememptions, and inserting in its place a new subsection (b) to read as follows: (b) If the project consists of new residential construction, residential rehabilitation, or other rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code

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section shall also apply whether or not the project is carried out by a qualifying business or service enterprise. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. MOTOR VEHICLES AND TRAFFICDEFINITIONS; RECORDS RELATING TO MOTOR VEHICLES; ACCESS BY REGULATED PERSONS; TITLES FOR OLDER VEHICLES; FAILURE TO APPEAR IN TRAFFIC CASE; PENALTY. Code Sections 40-1-1, 40-2-130, 40-3-4, and 40-13-63 Amended. No. 277 (House Bill No. 421). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to authorize certain private persons regulated by the state revenue commissioner to access certain records relating to motor vehicles under specific circumstances; to change certain provisions relating to exclusion of certain older vehicles from title requirements; to change the provisions relating to the penalty for failure to appear in a traffic case; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (43) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereof the following: (43) `Person' means every natural person, firm, partnership, association, corporation, or trust. SECTION 2 . Said title is further amended in Code Section 40-2-130, relating to records of certificates of registration of motor vehicles, by striking the word and at the end of paragraph (7) of subsection (c), 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 adding a new paragraph (9) to read as follows: (9) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the

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sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided further, that the information made available pursuant to this subsection for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed. SECTION 3 . Said title is further amended by striking subparagraph (A) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph (A) to read as follows: (14)(A) A vehicle, other than a mobile home or crane, the model year of which is prior to 1986. SECTION 4 . Said title is further amended by striking Code Section 40-13-63, relating to the penalty for failure to appear in traffic cases, and inserting in lieu thereof the following: 40-13-63. The willful failure of any person to appear in accordance with the written promise contained on the citation and complaint and served upon such person shall constitute an offense which shall be punishable by fine in an amount not to exceed $200.00 or by confinement in jail for a period not to exceed three days. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1999. INSURANCERATE REGULATION; CONSUMER'S INSURANCE ADVOCATE. Code Section 33-9-3 Amended. Code Title 33, Chapter 57 Enacted. No. 279 (Senate Bill No. 200). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to applicability of rate

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regulation; to create the Consumers' Insurance Advocate and deputy advocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees; to provide for the publication of certain information; to provide for access to documents and other information; to provide that other remedies are not affected; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-9-3, relating to applicability of rate regulation, and inserting in lieu thereof the following: 33-9-3. (a) This chapter shall apply to all insurance on risks or on operations in this state, except: (1) Reinsurance other than joint reinsurance to the extent stated in Code Section 33-9-19; (2) Life insurance; (3) Disability income, specified disease, or hospital indemnity policies; (4) Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from transportation, insurance policies. Inland marine insurance shall be deemed to include insurance defined by statute, or by interpretation thereof or, if not so defined or interpreted, by ruling of the Commissioner or as established by general custom of the business, as inland marine insurance; (5) Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance, or use of aircraft; (6) Title insurance; or (7) Annuities. (a.1) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter. (b) (1) This chapter shall apply to all insurers, including stock and mutual companies, Lloyd's associations, and reciprocal and

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interinsurance exchanges, which under any laws of this state write any of the kinds of insurance to which this chapter applies. (2) The provisions of this chapter regarding rates shall apply to any insurer, fraternal benefit society, health care plan, nonprofit medical service corporation, nonprofit hospital service corporation, health maintenance organization, or preferred provider organization providing any accident or sickness insurance or health benefit plan issued, delivered, issued for delivery, or renewed in this state to the extent required by subsection (c) of this Code section. (c) Provisions of this chapter regarding rates shall apply only to a proposed rate for any insurance or health benefit plan: (1) Which alone or in combination with any previous rate change for such insurance or plan would result in a rate increase of: (A) Any amount, but no decrease shall be subject to such provisions; provided, however, (B) The provisions of this chapter shall not apply to accident and sickness insurance; or (2) Made within 36 months after any rate change described by paragraph (1) of this subsection. SECTION 2 . Said title is further amended by adding a new Chapter 57 at the end thereof to read as follows: CHAPTER 57 33-57-1. The General Assembly recognizes the importance of effectively managed and economical insurance and health management funding products and services to the citizens of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate insurance and health management funding products and services at the lowest reasonable cost to the consumer while maintaining the ability of insurance and health management funding companies to furnish their products and services. It is further recognized that the Insurance Department has been established for the purpose, among other things, of regulating insurance and health management funding companies, the rates which they charge the consumer, and for representing the public interest. The General Assembly is aware, however, that the department and the Commissioner must be furnished with all available information concerning the effects of its decisions in any proceedings before it. It is the purpose of this chapter to ensure that the department and the Commissioner receive such information, particularly in those cases that directly involve Georgia's citizens. It is further the intent of the General

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Assembly that consumers have reasonable choices among the products and services offered by insurance and health management funding companies and that these companies are accountable to consumers. 33-57-2. As used in this chapter, the term: (1) `Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) `Advocate' means the Consumers' Insurance Advocate in the Governor's Office of Consumer Affairs. (3) `Commissioner' means the Commissioner of Insurance created in Code Section 33-2-1. (4) `Consumer' means a beneficiary or user, whether directly or indirectly, of any insurance products or services which are under the jurisdiction of the Commissioner or of the department other than products and services of a domestic supplemental life and health insurer. (5) `Department' means the Insurance Department created pursuant to Code Section 33-2-1. (6) 'Governor's Office of Consumer Affairs' means the office of the administrator created in Code Section 10-1-395. 33-57-3. There are created the Consumers' Insurance Advocate and deputy advocate within the Governor's Office of Consumer Affairs. The advocate and deputy advocate may be attorneys licensed to practice in the courts of this state and shall be appointed by and serve at the pleasure of the Governor. The advocate shall receive compensation in an amount to be determined by the Governor but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the advocate shall also receive reimbursement for his or her reasonable and necessary expenses incurred in the performance of his or her duties, as provided by law for state employees. The advocate shall have discretion to employ an individual in the position of deputy advocate, and such person shall receive such compensation as shall be determined by the advocate, together with reimbursement of expenses on the same terms as the advocate. No person employed as advocate or deputy advocate shall engage in the private practice of law while employed as the Consumers' Insurance Advocate. The advocate shall submit a written report of quarterly activities, decisions, information obtained, and expenditures of the advocate's office. The report shall be submitted to the Insurance

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Committee of the Georgia House of Representatives and to the Insurance and Labor Committee of the Georgia Senate not less than 30 days after the end of each quarter of each calendar year. 33-57-4. (a) The advocate shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of products or services provided by any person, firm, or corporation subject to the jurisdiction of the Commissioner or of the department in all proceedings or other matters pending before the department or the Commissioner. (b) The advocate shall also appear in the same representative capacity as specified in subsection (a) of this Code section in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over products or services purchased by consumers. (c) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. When such complaint or other request is filed with the Commissioner, the Commissioner shall respond to such complaint or other request within 45 days. (d) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any action taken by an administrative agency in a proceeding in which the advocate is authorized to appear under subsection (a), (b), or (c) of this Code section. (e) The advocate shall be authorized to publish by available means, including Internet access, such information as the advocate may deem to be in the public interest relating to the duties and purposes of the advocate's office and findings, research, and studies conducted by that office, except any information which is confidential or privileged as otherwise provided by law. (f) The advocate shall be authorized to hear complaints and to present and advocate positions affecting rates or benefits for any insurance products and services afforded to state employees and may for this purpose appear before any state officer or state entity providing or administering such benefits. 33-57-5. (a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance or health benefit plan rate filing:

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(1) Which alone or in combination with any previous rate filing would result in a rate increase of: (A) Any amount, but no decrease shall be subject to such provisions; provided, however, (B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly discriminatory, and any correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall require by rule or regulation that financial information of insurers, including a summary of products offered, basic rates applicable to such products, financial statements, officers' salaries, notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quarterly basis; or (2) Made within 36 months after any rate filing described by paragraph (1) of this subsection shall also be served on the advocate, and the advocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. A notice of such filing shall be sent to the advocate certified mail, return receipt requested. The department or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to appear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the advocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner. (b) In any case of a rate filing which is subject to the provisions of subsection (a) of this Code section, the advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the department or by the Commissioner in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. Copies of materials and information obtained through such discovery shall be made available to the department. The superior courts and judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.

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33-57-6. The administrator shall employ and fix the compensation of at least one actuary as a regular full-time employee to assist the advocate, and the administrator is authorized to employ and fix the compensation of such other assistants as the advocate may need, including without limitation consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants as may be necessary to carry out the advocate's duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the Governor's Office of Consumer Affairs for such purposes. The office of the advocate shall keep suitable and proper records of all such expenditures. The compensation of the advocate and such staff shall be paid from state funds appropriated to the Governor's Office of Consumer Affairs for such purposes. 33-57-7. Services of all consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants employed by the department may be available to the advocate in the performance of his or her duties upon the approval of the department; and such consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants shall make such appraisals and audits as the advocate, with the approval of the department, may request. The advocate and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the department or of the Commissioner to the same extent as the department or as the Commissioner has access thereto and subject to the same limitations imposed on the use thereof by the department or by the Commissioner. A written report of the cost of all services provided for the advocate pursuant to this Code section shall be submitted by the advocate along with each quarterly report made to committees of the General Assembly pursuant to Code Section 33-57-3. 33-57-8. This chapter shall not be construed to prevent any party interested in any proceeding or action before the department, the Commissioner, any court, or any administrative body from appearing in person or by representing counsel in such proceeding or action. However, nothing in this chapter shall apply to a domestic supplemental life and health insurer.

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SECTION 3 . This Act shall become effective on July 1, 1999. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1999. INSURANCEMANAGED CARE PLANS; HEALTH MAINTENANCE ORGANIZATIONS; OUT OF NETWORK PROVIDER ACCESS, CHOICE, AND REIMBURSEMENT; DISCLOSURES TO ENROLLEES; FINANCIAL INCENTIVE AND DISINCENTIVE PROHIBITIONS. Code Title 33 Amended. No. 280 (Senate Bill No. 210). AN ACT To amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the Patient Protection Act of 1996, relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include a consumer choice option providing additional access to and reimbursement of out of network providers and hospitals; to prohibit such plans and organizations from using certain financial incentive and disincentive programs; to provide for timely payment by such plans and organizations for certain services; to prohibit certain penalties by such plans and organizations against health care providers and hospitals and provide for violations; to change certain terms and designations; to provide for applicability; 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 20A of Title 33 of the Official Code of Georgia Annotated, the Patient Protection Act of 1996, is amended by striking paragraphs (1) and (2) of Code Section 33-20A-5, relating to standards for certification, and inserting in their place the following: (1) Disclosure TO ENROLLEES AND PROSPECTIVE ENROLLEES. (A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this

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paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers: (i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided; (ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service; (iii) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network); (v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request; (vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this chapter; (vii) An explanation of what constitutes an emergency situation and what constitutes emergency services; (viii) The existence of any limited utilization incentive plans; (ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; (x) The existence of limitations on choices of health care providers; (xi) A statement as to where and in what manner additional information is available; (xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years

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shall be available for inspection. Copies of such summary shall be made available at reasonable costs; and (xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan. (B) Such information shall be disclosed to each enrollee under this chapter at the time of enrollment and at least annually thereafter. (C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph; (2) Access to services. A managed care entity must demonstrate that its plan: (A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services; (B) When medically necessary provides health care services 24 hours a day and seven days a week; (C) Provides payment or reimbursement for emergency services and out-of-area services; and (D) Complies with the provisions of Code Section 33-20A-9.1 relating to nomination and reimbursement of out of network health care providers and hospitals; and. SECTION 2 . Said chapter is further amended by striking Code Section 33-20A-6, relating to financial incentive programs, and Code Section 33-20A-7, relating to provider penalties, and inserting in their place the following: 33-20A-6. (a) A managed care plan may not use a financial incentive or disincentive program that directly or indirectly compensates a health care provider or hospital for ordering or providing less than medically

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necessary and appropriate care to his or her patients or for denying, reducing, limiting, or delaying such care. Nothing in this Code section shall be deemed to prohibit a managed care entity from using a capitated payment arrangement consistent with the intent of this Code section. (b) A managed care plan shall make full and timely payment or reimbursement to any health care provider or hospital in the same manner and subject to the same penalties as required of insurers for group accident and sickness insurance policies under paragraph (5) of Code Section 33-30-6. 33-20A-7. (a) No health care provider may be penalized for considering, studying, or discussing medically necessary or appropriate care with or on behalf of his or her patient. (b) No health care provider may be penalized by a managed care plan for providing testimony, evidence, records, or any other assistance to an enrollee who is disputing a denial, in whole or in part, of a health care treatment or service or claim therefor. (c) A finding of a violation of this Code section or Code Section 33-20A-6 by a managed care plan shall constitute an unfair trade practice punishable under Article 1 of Chapter 6 of this title. SECTION 3 . Said chapter is further amended by adding after Code Section 33-20A-9 a new Code section to read as follows: 33-20A-9.1. (a) It is the intent of the General Assembly to allow citizens to have the right to choose their own health care providers and hospitals with as few mandates from government and business as possible. It is also the intent to allow these choices with minimal additional cost to any business or consumer in this state. (b) As used in this Code section, the term `consumer choice option' means a plan for health care delivery which grants enrollees a right to receive covered services outside of any plan provider panel and under the terms and conditions of the plan. (c) Except for managed care plans offering a consumer choice option under subparagraph (d) (2) (C) of this Code section, every managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45 or offered by a managed care entity shall offer a separate consumer choice option to enrollees at least annually with the following provisions: (1) Every enrollee of a managed care plan shall have the right to nominate one or more out of network health care providers or

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hospitals for use by that enrollee and that enrollee's eligible dependents, if: (A) Such health care provider or hospital is located within and licensed by the state; (B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals. The reimbursement rates for the plan may be proportionally reduced from those paid to participating providers if the cost-sharing provisions in paragraph (3) of subsection (d) of this Code section are utilized in the consumer choice option; (C) Such health care provider or hospital agrees to adhere to the managed care plan's quality assurance requirements and to provide the plan with necessary medical information related to such care; and (D) Such health care provider or hospital meets all other reasonable criteria as required by the managed care plan of in network providers and hospitals. Each nominated health care provider or hospital which meets the requirements of subparagraphs (A), (B), (C), and (D) of this paragraph shall be reimbursed by the plan, subject to the agreement in subparagraph (B) of this paragraph, as though it belonged to the managed care plan's provider network. Such reimbursement shall be full and final payment for the health care services provided to the enrollee and no health care provider or hospital shall bill the enrollee for any portion of a payment exclusive of the requirements of subparagraph (B) of this paragraph. (d) (1) An enrollee who selects the consumer choice option shall be responsible for any increases in premiums and cost sharing associated with the option; provided, however, that any differential in cost sharing as provided in paragraph (3) of this subsection shall only apply when the enrollee goes out of network. (2) Any increases in premiums for the consumer choice option shall be limited as follows: (A) For health benefit plans offered by health maintenance organizations under Chapter 21 of this title, the managed care entity may offer both of the following options, but must offer either: (i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 17.5 percent increase in premium over the plan without the option, whichever is less, or

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(ii) The actuarial basis of the option with cost sharing as provided under paragraph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 15 percent increase in premium over the plan without the option and with cost sharing as provided under paragraph (3) of this subsection, whichever is less; (B) For all other managed care plans under this chapter, the managed care entity may offer both of the following options, but must offer either: (i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 10 percent increase in premium over the plan without the option, whichever is less; or (ii) The actuarial basis of the option with cost sharing as provided under paragraph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 7.5 percent increase in premium over the plan without the option and with cost sharing as provided under paragraph (3) of this subsection, whichever is less; (C) Notwithstanding subparagraph (B) of this paragraph, for all other managed care plans under this chapter, a health benefit plan may offer at no additional premiums or cost sharing a preferred provider organization network plan under Article 2 of Chapter 30 of this title, which plan contains standards for participating providers and hospitals which: (i) Meets the requirements of subparagraphs (A), (C), and (D) of paragraph (1) of subsection (c) of this Code section; and (ii) Includes only health care providers and hospitals which agree to accept the reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals and under any cost-sharing conditions required of other similarly situated preferred providers, which reimbursement shall be accepted as full and final payment for the covered health care services provided to the enrollee and no preferred provider shall bill the enrollee for any portion of a payment exclusive of the requirements of this subparagraph. Managed care plans offering the preferred provider organization network plan under this subparagraph shall not place capacity limits on the number or classes of providers authorized to be preferred providers except where the services regularly performed by a particular class of providers are not covered services within the scope of the health benefit plan or plans offered by the managed

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care plan pursuant to Article 2 of Chapter 30 of this title. This subparagraph shall not supersede any other requirement of this title regarding the coverage of a certain class or classes of providers. (3) Except as provided in subparagraph (C) of paragraph (2) of this subsection for a consumer choice option without cost sharing, any increases in cost sharing for the consumer choice option, as compared to in network cost sharing, shall be limited as follows: (A) If deductibles are used in network, any deductibles in the consumer choice option shall not exceed a 20 percent difference between in and out of network; provided, however, that deductibles cannot be accumulated separately between in network and out of network; (B) If copayments are used in network, any copayments in the consumer choice option shall not exceed a 20 percent difference between in and out of network; (C) In all cases, any coinsurance in the consumer choice option shall not exceed 10 percentage points difference between in and out of network; and (D) In all cases, the maximum differential for out-of-pocket expenditures of the consumer choice option shall not exceed 20 percent as compared to in network; provided, however, that out-of-pocket expenditures cannot be accumulated separately between in network and out of network. Further, all cost sharing that is counted towards the out-of-pocket limit for the consumer choice option shall be the same as that counted towards the in network plan. (4) After 12 months of full implementation, the pricing of the consumer choice option may be reevaluated to consider actual costs incurred and the experience of the standard plan without the option as compared to the consumer choice option. Based on an independent actuarial evaluation of such actual costs incurred and experience, managed care entities may apply for a waiver of the cost provisions of paragraph (2) and (3) of this subsection to the Insurance Commissioner's Office with copies to the Consumers' Insurance Advocate on or after July 1, 2001. (e) The consumer choice option shall have substantially the same covered benefits as the managed care plan without the option. (f) For an enrollee who chooses the consumer choice option, the managed care entity shall provide such enrollee with a form to be completed by the enrollee nominated health care provider or hospital. This form shall indicate such health care provider's or hospital's agreement to accept reimbursement as provided in subparagraph (c)(1)(B) of this Code section and such health care provider's or

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hospital's agreement to adhere to the quality assurance requirements and other reasonable criteria of the plan as provided in subparagraphs (c)(1)(C) and (c)(1)(D) of this Code section. The form required by this subsection shall be one page, shall be signed and dated by the nominated health care provider or hospital, and shall be mailed to the managed care entity at the address indicated on the form. In a timely manner and upon receipt of such form from a nominated health care provider or hospital, the plan shall indicate acceptance of the health care provider or hospital and provide any necessary information to the health care provider or hospital including but not limited to a complete copy of the reimbursement terms, quality assurance requirements, and any other reasonable criteria required by the managed care plan of in network health care providers and hospitals. A plan may refuse to approve for reimbursement an enrollee nominated health care provider or hospital only upon a showing by clear and convincing evidence that the health care provider or hospital does not meet the requirements of paragraph (1) of subsection (c) of this Code section. SECTION 4 . Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, is amended by striking and at the end of paragraph (3) of subsection (b) of Code Section 33-21-3, relating to grounds for certificate of authority issuance, striking the period at the end of paragraph (4) of that subsection and inserting ; and, and adding immediately thereafter the following paragraph: (5) Has arrangements to comply with the provisions of Code Section 33-20A-9.1, relating to nomination and reimbursement of providers which are not on that health maintenance organization's provider panel. SECTION 5 . Said chapter is further amended by striking and at the end of subparagraph (c)(3)(I) of Code Section 33-21-13, relating to contents of evidence of coverage, striking the period at the end of subparagraph (J) of said paragraph and inserting ; and, and adding immediately thereafter the following subparagraph: (K) A summary of any agreements or contracts between the health maintenance organization and any provider in the same manner and subject to the same conditions as required for summaries of managed care plan contracts and agreements under division (1)(A)(xiii) of Code Section 33-20A-5. SECTION 6 . Said chapter is further amended by striking subsection (a) of Code Section 33-21-28, relating to applicability of title to health maintenance organizations, and inserting in its place the following:

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(a) Except as otherwise provided by law, all provisions of this title which are not in conflict with this chapter shall apply to health maintenance organizations and all other persons subject to this chapter, and specifically, the requirements and restrictions of Code Sections 33-20A-6, 33-20A-7, 33-20A-7.1, 33-20A-8, and 33-20A-9.1 shall apply to health maintenance organizations and all other persons subject to this chapter. SECTION 7 . This Act shall become effective on July 1, 1999, for purposes of preparing for implementation of the consumer choice option and shall be applicable to any contract, policy, or other agreement of a managed care plan or health maintenance organization if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, or renewed on or after January 1, 2000. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1999. INSURANCEMANAGED CARE PLANS; PATIENTS' RIGHTS TO INDEPENDENT REVIEW OF PLAN DETERMINATIONS; STANDARD OF CARE FOR BENEFIT ADMINISTRATION OR CLAIMS REVIEW OR ADJUSTMENT; TORT ACTIONS. Code Title 33, Chapter 20A Amended. Code Section 51-1-48 Enacted. No. 281 (House Bill No. 732). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to establish a standard of care for certain entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for violations of that standard; to prohibit waivers, modifications, shifting, or delegation of liability; to provide conditions for maintaining certain causes of action; to provide for court orders and abatement of actions; to provide that certain other liability is not created; to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the Patient Protection Act of 1996, relating to managed care plans, so as to provide for a short title; to provide for definitions; to provide certain enrollees of managed care plans with an independent review of plan determinations and provide for standards, conditions, and procedures relating thereto; to provide for

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duties, powers, and functions of the Health Planning Agency with regard to such reviews and provide for certification of independent review organizations; to provide for expert reviewers and decisions thereof; to provide for costs and expedited reviews; to provide for immunity from liability and presumptions; to prohibit certain conflicts of interest; to provide for quality assurance; to provide for applicability; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding at the end new Code sections to read as follows: 51-1-48. (a) Any claim administrator, health care advisor, private review agent, or other person or entity which administers benefits or reviews or adjusts claims under a managed care plan shall exercise ordinary diligence to do so in a timely and appropriate manner in accordance with the practices and standards of the profession of the health care provider generally. Notwithstanding any other provision of law to the contrary, any injury or death to an enrollee resulting from a want of such ordinary diligence shall be a tort for which a recovery may be had against the managed care entity offering such plan, but no recovery shall be had for punitive damages for such tort. (b) The provisions of this Code section may not be waived, shifted, or modified by contract or agreement and responsibility therefor shall be a duty which shall not be delegated. Any effort to waive, modify, delegate, or shift liability for a breach of the duty provided by this Code section, through a contract for indemnification or otherwise, shall be invalid. (c) This Code section shall not create any liability on the part of an employer of an enrollee or that employer's employees, unless the employer is the enrollee's managed care entity. This Code section shall not create any liability on the part of an employee organization, a voluntary employee beneficiary organization, or a similar organization, unless such organization is the enrollee's managed care entity and makes coverage determinations under a managed care plan. (d) As used in this Code section and in Code Section 51-1-49, the terms `claim administrator,' `enrollee,' `health care advisor,' and `private review agent,' shall be defined as set forth in Chapter 46 of Title 33 except that `enrollee' shall include the enrollee's eligible dependents; `managed care entity' and `managed care plan' shall be defined as set forth in Code Section 33-20A-3; and `independent review' means a review pursuant to Article 2 of Chapter 20A of Title 33, the `Patient's Right to Independent Review Act.'

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51-1-49. (a) No person may maintain a cause of action pursuant to Code Section 51-1-48 unless the affected enrollee or the enrollee's representative: (1) Has exhausted the grievance procedure provided for under Code Section 33-20A-5 and before instituting the action: (A) Gives written notice of intent to file suit to the managed care entity; and (B) Agrees to submit the claim to independent review if required under subsection (c) of this Code section; or (2) Has filed a pleading alleging in substance that: (A) Harm to the enrollee has already occurred for which the managed care entity may be liable; and (B) The grievance procedure or independent review is not timely or otherwise available or would not make the enrollee whole, in which case the court, upon motion by the managed care entity, shall stay the action and order such grievance procedure or independent review to be conducted and exhausted. (b) The notice required by paragraph (1) of subsection (a) of this Code section must be delivered or mailed to the managed care entity not fewer than 30 days before the action is filed. (c) The managed care entity receiving notice of intent to file suit may obtain independent review of the claim, if notice of a request for review is mailed or delivered to the Health Planning Agency, or its successor agency, and the affected enrollee within ten days of receipt of the notice of intent to file suit. SECTION 2 . Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the Patient Protection Act of 1996, is amended by designating Code Sections 33-20A-1 through 33-20A-10 as Article 1 of said chapter and substituting this article for this chapter and This article for This chapter wherever such terms appear in the newly designated Article 1. SECTION 3 . Said chapter is further amended by adding at the end thereof a new article to read as follows: ARTICLE 2 33-20A-30. This article shall be known and may be cited as the `Patient's Right to Independent Review Act.'

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33-20A-31. As used in this article: (1) `Eligible enrollee' means a person who: (A) Is an enrollee or an eligible dependent of an enrollee of a managed care plan or was an enrollee or an eligible dependent of an enrollee of such plan at the time of the request for treatment; and (B) Seeks a treatment which reasonably appears to be a covered service or benefit under the enrollee's evidence of coverage; provided, however, that this subparagraph shall not apply if the notice from a managed care plan of the outcome of the grievance procedure was that a treatment is experimental. (2) `Grievance procedure' means the grievance procedure established pursuant to Code Section 33-20A-5. (3) `Independent review organization' means any organization certified as such by the planning agency under Code Section 33-20A-39. (4) `Medical and scientific evidence' means: (A) Peer reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff; (B) Peer reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Health's National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS data base or Health Services Technology Assessment Research (HSTAR); (C) Medical journals recognized by the United States secretary of health and human services, under Section 1861(t) (2) of the Social Security Act; (D) The following standard reference compendia: the American Hospital Formulary Service-Drug Information, the American Medical Association Drug Evaluation, the American Dental Association Accepted Dental Therapeutics, and the United States Pharmacopoeia-Drug Information; or (E) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes including the Federal Agency for Health Care Policy and Research, National Institutes of Health, National

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Cancer Institute, National Academy of Sciences, Health Care Financing Administration, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services. (5) `Medical necessity,' `medically necessary care,' or `medically necessary and appropriate' means care based upon generally accepted medical practices in light of conditions at the time of treatment which is: (A) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollee's condition; (B) Compatible with the standards of acceptable medical practice in the United States; (C) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms; (D) Not provided solely for the convenience of the eligible enrollee or the convenience of the health care provider or hospital; and (E) Not primarily custodial care, unless custodial care is a covered service or benefit under the eligible enrollee's evidence of coverage. (6) `Planning agency' means the Health Planning Agency established under Chapter 6 of Title 31 or its successor agency. (7) `Treatment' means a medical service, diagnosis, procedure, therapy, drug, or device. (8) Any term defined in Code Section 33-20A-3 shall have the meaning provided for that term in Code Section 33-20A-3 except that `enrollee' shall include the enrollee's eligible dependents. 33-20A-32. An eligible enrollee shall be entitled to appeal to an independent review organization when: (1) The eligible enrollee has received notice of an adverse outcome pursuant to a grievance procedure or the managed care entity has not complied with the requirements of Code Section 33-20A-5 with regard to such procedure; or (2) A managed care entity determines that a proposed treatment is excluded as experimental under the managed care plan, and all of the following criteria are met: (A) The eligible enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent

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review or the eligible enrollee's ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding the experimental treatment; (B) After exhaustion of standard treatment as provided by the evidence of coverage or a finding that such treatment would be of substantially lesser or of no benefit, the eligible enrollee's treating physician certifies that the eligible enrollee has a condition for which standard treatment would not be medically indicated for the eligible enrollee or for which there is no standard treatment available under the evidence of coverage of the eligible enrollee more beneficial than the treatment proposed; (C) The eligible enrollee's treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the eligible enrollee than any available standard treatment; (D) The eligible enrollee has requested a treatment as to which the eligible enrollee's treating physician, who is a licensed, board certified or board eligible physician qualified to practice in the area of medicine appropriate to treat the eligible enrollee's condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the eligible enrollee than available standard treatment; and (E) A specific treatment recommended would otherwise be included within the eligible enrollee's certificate of coverage, except for the determination by the managed care entity that such treatment is experimental for a particular condition. 33-20A-33. Except where required pursuant to Code Section 51-1-49, a proposed treatment must require the expenditure of a minimum of $500.00 to qualify for independent review. 33-20A-34. (a) The parent or guardian of a minor who is an eligible enrollee may act on behalf of the minor in requesting independent review. The legal guardian or representative of an incapacitated eligible enrollee shall be authorized to act on behalf of the eligible enrollee in requesting independent review. Except as provided in Code Section 51-1-49, independent review may not be requested by persons other than the eligible enrollee or a person acting on behalf of the eligible enrollee as provided in this Code section. (b) A managed care entity shall be required to pay the full cost of applying for and obtaining the independent review.

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(c) The eligible enrollee and the managed care entity shall cooperate with the independent review organization to provide the information and documentation, including executing necessary releases for medical records, which are necessary for the independent review organization to make a determination of the claim. 33-20A-35. (a) In the event that the outcome of the grievance procedure under Code Section 33-20A-5 is adverse to the eligible enrollee, the managed care entity shall include with the written notice of the outcome of the grievance procedure a statement specifying that any request for independent review must be made to the planning agency on forms developed by the planning agency, and such forms shall be included with the notification. Such statement shall be in simple, clear language in boldface type which is larger and bolder than any other typeface which is in the notice and in at least 14 point typeface. (b) An eligible enrollee must submit the written request for independent review to the planning agency. Instructions on how to request independent review shall be given to all eligible enrollees with the written notice required under this Code section together with instructions in simple, clear language as to what information, documentation, and procedure are required for independent review. (c) Upon receipt of a completed form requesting independent review as required by subsection (a) of this Code section, the planning agency shall notify the eligible enrollee of receipt and assign the request to an independent review organization on a rotating basis according to the date the request is received. (d) Upon assigning a request for independent review to an independent review organization, the planning agency shall provide written notification of the name and address of the assigned organization to both the requesting eligible enrollee and the managed care entity. (e) No managed care entity may be certified by the Commissioner under Article 1 of this chapter unless the entity agrees to pay the costs of independent review to the independent review organization assigned by the planning agency to conduct each review involving such entity's eligible enrollees. 33-20A-36. (a) Within three business days of receipt of notice from the planning agency of assignment of the application for determination to an independent review organization, the managed care entity shall submit to that organization the following: (1) Any information submitted to the managed care entity by the eligible enrollee in support of the eligible enrollee's grievance procedure filing;

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(2) A copy of the contract provisions or evidence of coverage of the managed care plan; and (3) Any other relevant documents or information used by the managed care entity in determining the outcome of the eligible enrollee's grievance. Upon request, the managed care entity shall provide a copy of all documents required by this subsection, except for any proprietary or privileged information, to the eligible enrollee. The eligible enrollee may provide the independent review organization with any additional information the eligible enrollee deems relevant. (b) The independent review organization shall request any additional information required for the review from the managed care entity and the eligible enrollee within five business days of receipt of the documentation required under this Code section. Any additional information requested by the independent review organization shall be submitted within five business days of receipt of the request, or an explanation of why the additional information is not being submitted shall be provided. (c) Additional information obtained from the eligible enrollee shall be transmitted to the managed care entity, which may determine that such additional information justifies a reconsideration of the outcome of the grievance procedure. A decision by the managed care entity to cover fully the treatment in question upon reconsideration using such additional information shall terminate independent review. (d) The expert reviewer of the independent review organization shall make a determination within 15 business days after expiration of all time limits set forth in this Code section, but such time limits may be extended or shortened by mutual agreement between the eligible enrollee and the managed care entity. The determination shall be in writing and state the basis of the reviewer's decision. A copy of the decision shall be delivered to the managed care entity, the eligible enrollee, and the planning agency by at least first-class mail. (e) The independent review organization's decision shall be based upon a review of the information and documentation submitted to it. (f) Information required or authorized to be provided pursuant to this Code section may be provided by facsimile transmission or other electronic transmission. 33-20A-37. (a) A decision of the independent review organization in favor of the eligible enrollee shall be final and binding on the managed care entity and the appropriate relief shall be provided without delay. A managed care entity bound by such decision of an independent review organization shall not be liable pursuant to Code Section 51-1-48 for abiding by

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such decision. Nothing in this Code section shall relieve the managed care entity from liability for damages proximately caused by its determination of the proposed treatment prior to such decision. (b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entity's prior determination was appropriate and shall constitute a medical record for purposes of Code Section 24-7-8. (c) In the event that, in the judgment of the treating health care provider, the health condition of the enrollee is such that following the provisions of Code Section 33-20A-36 would jeopardize the life or health of the eligible enrollee or the eligible enrollee's ability to regain maximum function, as determined by the treating health care provider, an expedited review shall be available. The expedited review process shall encompass all elements enumerated in Code Sections 33-20A-36 and 33-20A-40; provided, however, that a decision by the expert reviewer shall be rendered within 72 hours after the expert reviewer's receipt of all available requested documents. 33-20A-38. Neither independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences. 33-20A-39. (a) The planning agency shall certify independent review organizations that meet the requirements of this Code section and any regulations promulgated by the planning agency consistent with this article. The planning agency shall deem certified any independent review organization meeting standards developed for this purpose by an independent national accrediting organization. To qualify for certification, an independent review organization must show the following: (1) Expert reviewers assigned by the independent review organization must be physicians or other appropriate providers who meet the following minimum requirements: (A) Are expert in the treatment of the medical condition at issue and are knowledgeable about the recommended treatment through actual clinical experience; (B) Hold a nonrestricted license issued by a state of the United States and, for physicians, a current certification by a recognized

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American medical specialty board in the area or areas appropriate to the subject of review; and (C) Have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restriction, taken or pending by any hospital, government, or regulatory body; (2) The independent review organization shall not be a subsidiary of, nor in any way owned or controlled by, a health plan, a trade association of health plans, a managed care entity, or a professional association of health care providers; and (3) The independent review organization shall submit to the planning agency the following information upon initial application for certification, and thereafter within 30 days of any change to any of the following information: (A) The names of all owners of more than 5 percent of any stock or options, if a publicly held organization; (B) The names of all holders of bonds or notes in excess of $100,000.00, if any; (C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organization's type of business; and (D) The names of all directors, officers, and executives of the independent review organization, as well as a statement regarding any relationships the directors, officers, and executives may have with any health care service plan, disability insurer, managed care entity or organization, provider group, or board or committee. (b) Neither the independent review organization nor any expert reviewer of the independent review organization may have any material professional, familial, or financial conflict of interest with any of the following: (1) A managed care plan or entity being reviewed; (2) Any officer, director, or management employee of a managed care plan which is being reviewed; (3) The physician, the physician's medical group, health care provider, or the independent practice association proposing a treatment under review; (4) The institution at which a proposed treatment would be provided; (5) The eligible enrollee or the eligible enrollee's representative; or (6) The development or manufacture of the treatment proposed for the eligible enrollee whose treatment is under review.

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(c) As used in subsection (b) of this Code section, the term `conflict of interest' shall not be interpreted to include a contract under which an academic medical center or other similar medical research center provides health care services to eligible enrollees of a managed care plan, except as subject to the requirement of paragraph (4) of subsection (b) of this Code section; affiliations which are limited to staff privileges at a health care facility; or an expert reviewer's participation as a contracting plan provider where the expert is affiliated with an academic medical center or other similar medical research center that is acting as an independent review organization under this article. An agreement to provide independent review for an eligible enrollee or managed care entity is not a conflict of interest under subsection (b) of this Code section. (d) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and independence of the experts, and the confidentiality of medical records and review materials. (e) The planning agency shall provide upon the request of any interested person a copy of all nonproprietary information filed with it pursuant to this article. The planning agency shall provide at least quarterly a current list of certified independent review organizations to all managed care entities and to any interested persons. 33-20A-40. (a) For the purposes of this article, in making a determination as to whether a treatment is medically necessary and appropriate, the expert reviewer shall use the definition provided in paragraph (5) of Code Section 33-20A-31. (b) For the purposes of this article, in making a determination as to whether a treatment is experimental, the expert reviewer shall determine: (1) Whether such treatment has been approved by the federal Food and Drug Administration; or (2) Whether medical and scientific evidence demonstrates that the expected benefits of the proposed treatment would be greater than the benefits of any available standard treatment and that the adverse risks of the proposed treatment will not be substantially increased over those of standard treatments. For either determination, the expert reviewer shall apply prudent professional practices and shall assure that at least two documents of medical and scientific evidence support the decision. 33-20A-41. The planning agency shall provide necessary rules and regulations for the implementation and operation of this article.

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SECTION 4 . For purposes of certifying independent review organizations by the Health Planning Agency, or its successor agency, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 1999, and shall be applicable to any contract, policy, or other agreement of a managed care plan or health maintenance organization if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, or renewed on or after July 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1999. JAMES D. MASON MEMORIAL INTERSECTIONDESIGNATED. No. 2 (Senate Resolution No. 17). A RESOLUTION Designating the James D. Mason Memorial Intersection; and for other purposes. WHEREAS, James D. Mason (Jimmy) was born on January 26, 1937, in Centerville, Georgia, located in the area of Gwinnett County where his family had settled in 1838; and WHEREAS, Jimmy began his life of public service by volunteering to serve in the United States Army during the Korean Conflict; he then returned to Snellville and formed Mason Brothers Construction Company with his brother, Wayne Mason; together they built the first subdivisions in the area, built Snellville's first shopping center, and helped organize the first bank formed in Snellville, Gwinnett County Bank, in 1969; and, in addition, they donated property for Snellville parks and the public cemetery; and WHEREAS, from 1961 until December of 1966, Jimmy served three terms on the Snellville City Council; from January, 1967, until January, 1975, he served in the General Assembly as a Representative from Gwinnett County at the inception of Gwinnett's big growth; and WHEREAS, during his four terms in the House of Representatives, Jimmy sponsored legislation that revamped Gwinnett government, preparing the county for its transition from its rural past to a booming metropolitan community; and WHEREAS, from April, 1975, until July, 1992, Jimmy served as a member of the State Properties Commission; and in July, 1992, Jimmy was appointed

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to serve on the Board of Directors of the Georgia Ports Authority where he served in the capacities of chair, vice chair, secretary-treasurer, and member; and WHEREAS, he has been described as one of the most influential men in the making of modern Gwinnett; and WHEREAS, after more than three decades on the political and business scene in Gwinnett and Georgia, Jimmy died June 5, 1998; and WHEREAS, Jimmy was a man who loved his family, his work, his county, and his state, and it is only fitting and proper that he be honored by this state in his home county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of State Route 124 and State Route 78 is hereby designated as the James D. Mason Memorial Intersection, and that the Department of Transportation is authorized and directed to erect appropriate signs so identifying the intersection. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of James D. Mason. Approved April 22, 1999. EDUCATIONSCHOOL SAFETY; SCHOOL VIOLENCE. Code Sections 16-11-127.1, 20-2-145, and 20-8-5 Amended. Code Section 20-2-751.4 Enacted. No. 282 (House Bill No. 84). AN ACT To provide for matters relating to school safety and school violence; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term weapon; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require that the comprehensive character education program developed by the State Board of Education for elementary and secondary schools address methods to discourage bullying; to define a certain term; to require local boards of education to adopt policies that prohibit bullying of a student by another student and provide for the assignment of certain students to alternative schools; to provide for notification of students and parents of anti-bullying policies; to change certain provisions applicable to every county having a population of 100,000 or more according to the United States decennial census of 1980

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or any future such census which empower a local board of education to authorize certain school security personnel to carry certain firearms or weapons and to make such provisions applicable state wide; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) of subsection (a) to read as follows: (2) `Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This section excludes any of these instruments used for classroom work authorized by the teacher. SECTION 2 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in its entirety Code Section 20-2-145, relating to the comprehensive character education program for elementary and secondary schools, and inserting in lieu thereof a new Code Section 20-2-145 to read as follows: 20-2-145. The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive character education program shall be known as the `character curriculum' and shall focus on the students' development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment,

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respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students. Local boards may implement such a program at any time and for any grade levels, and the state board shall encourage the implementation of such plan. SECTION 3 . Said title is further amended in Subpart 2 of Part 2 of Article 16 of Chapter 2, relating to public school disciplinary tribunals, by adding a new Code Section 20-2-751.4 to read as follows: 20-2-751.4. (a) As used in this Code section, the term `bullying' means: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. (b) Each local board of education shall adopt policies, applicable to students in grades six through 12, that prohibit bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system. Local board policies shall require that, upon a finding that a student has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each middle and high school and by including such information in student and parent handbooks. (c) Any school system which is not in compliance with the requirements of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260. The requirements of this Code section shall apply notwithstanding any contrary provision of Code Section 20-2-751.3. SECTION 4 . Said title is further amended in Code Section 20-8-5, relating to law enforcement powers of school security personnel, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) School security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally

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used for law enforcement purposes for the purpose of carrying out law enforcement duties. SECTION 5 . This Act shall become effective on July 1, 1999. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. COURTSDISTRICT ATTORNEYS; SPECIAL DRUG PROSECUTORS. Code Sections 15-18-14 and 15-18-45 Amended. No. 284 (Senate Bill No. 1). AN ACT To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that, subject to available funds, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the Georgia Controlled Substances Act; to provide a short title; to provide for the designation of such additional assistant district attorneys authorized under this Act as special drug prosecutors; to provide that such special drug prosecutors shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of law applicable to other assistant district attorneys; to provide that each person employed as a special drug prosecutor shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe; 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 Special Drug Prosecutor Act. SECTION 2 . Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by striking in its entirety subsection (b) of Code Section 15-18-14, relating to the appointment, qualifications,

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and compensation of assistant district attorneys, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint: (A) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law; (B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the `Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and (C) 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. (2) Subject to the provisions of this Code section and subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute, as directed by the district attorney, primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the `Georgia Controlled Substances Act.' This assistant district attorney shall be designated as a `special drug prosecutor.' Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (c) through (i) of this Code section and

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Code Section 15-18-19. In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Judicial Council of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 15-18-45, relating to the authority of the Prosecuting Attorneys' Council of the State of Georgia to conduct or approve training programs, and inserting in lieu thereof a new Code Section 15-18-45 to read as follows: 15-18-45. (a) The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the district attorneys, solicitors-general, and other prosecuting attorneys of this state and the members of the staffs of such officials. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any district attorney, solicitor-general, or other prosecuting attorney of this state or any member of the staffs of such officials in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, such officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 15-18-12. The council shall adopt such rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly. (b) Each person designated as a special drug prosecutor pursuant to paragraph (2) of subsection (b) of Code Section 15-18-14 shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999.

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INSURANCEHEALTH INSURANCE COVERAGE FOR MORBIDLY OBESE PATIENTS; MORBID OBESITY ANTI-DISCRIMINATION ACT ENACTED. Code Section 33-24-59.4 Enacted. No. 285 (Senate Bill No. 24). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to offer comprehensive medical or surgical coverage for the treatment of morbidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of patients so afflicted; to provide for a short title; to provide for legislative findings; to provide definitions; to provide for the issuance of rules and regulations by the Commissioner of Insurance; to provide for adjustment of current contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof the following: 33-24-59.4. (a) This Code section shall be known and may be cited as the `Morbid Obesity Anti-discrimination Act.' (b) The General Assembly finds and declares that: (1) Whereas many health care insurers cover the costs of treatment for patients diagnosed as morbidly obese by their physicians, many other insurers refuse to cover such costs; (2) There is sufficient scientific data that implicate morbid obesity as the cause of many other medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke. These data indirectly question the safety and appropriatenes of the continued refusal of some insurers to cover the medically indicated treatment of the morbidly obese patient. The association of morbid obesity with the aforementioned devastating diseases refutes any claim of a purely cosmetic indication for the treatment of morbid obesity and clearly designates morbid obesity as a life-threatening disease; (3) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious,

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effective medical treatment. Therefore, insurers who continue to refuse to pay for the primary treatment of morbid obesity are contributing to the high cost of management of secondary complications; (4) Guidelines developed by the National Institute of Health, the American Society for Bariatric Surgery, the American Obesity Association, and Shape Up America and embraced by the American Medical Association and the American College of Surgeons recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and (5) The diagnosis of morbid obesity should be a clinical decision made by a physician based on the guidelines set by the appropriate health and medical associations and organizations. The treatment modality should also be a clinical decision made by the physician based on set guidelines. (c) (1) As used in this Code section, the term: (A) `Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state which provides major medical benefits, including those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity. (B) `Health care providers' means those physicians and medical institutions that are specifically qualified to treat in a comprehensive manner the entire complex of illness and disease associated with morbid obesity. (C) `Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program. (D) `Morbid obesity' means a weight which is at least 100 pounds over or twice the ideal weight for frame, age, height, and gender as specified in the 1983 Metropolitan Life Insurance tables. Morbid obesity also means a body mass index (BMI) equal to or greater than 35 kilograms per meter squared with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions,

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sleep apnea, or diabetes or a BMI of 40 kilograms per meter squared without such comorbidity. BMI equals weight in kilograms divided by height in meters squared. (2) Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1999, which provides major medical benefits may offer coverage for the treatment of morbid obesity. (d) The Commissioner of Insurance shall adopt rules and regulations necessary to implement the provisions of this Code section in collaboration with the Division of Public Health of the Department of Human Resources and in compliance with current guidelines established by professional medical organizations relating to the treatment of morbid obesity. SECTION 2 . All contracts relating to the provision of health care services in effect on July 1, 1999, shall be appropriately adjusted to reflect any change in services provided as required by Section 1 of this Act. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. EDUCATIONPUBLIC SCHOOL DISCIPLINE; STUDENT CODES OF CONDUCT; CONTENTS; FILING; DISTRIBUTION. Code Section 20-2-751.4 Enacted. No. 286 (Senate Bill No. 49). AN ACT To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the Public School Disciplinary Tribunal Act, so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or battery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions; to provide for the filing of such provisions with the State Board of Education and for their review as to form; to provide for the distribution of student codes of conduct in conjunction with student handbooks and for parents' and guardians' acknowledgments of receipt; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the Public School Disciplinary Tribunal Act, is amended by adding a new Code section, to be designated as Code Section 20-2-751.4, to read as follows: 20-2-751.4. (a) (1) Each student code of conduct shall contain provisions that address the following conduct of students during school hours and at school-related functions, in a manner that is appropriate to the age of the student: (A) Verbal assault of teachers, administrators, and other school personnel; (B) Physical assault or battery of teachers, administrators, and other school personnel; (C) Disrespectful conduct toward teachers, administrators, and other school personnel; (D) Verbal assault of other students; (E) Physical assault or battery of other students; (F) Disrespectful conduct toward other students; and (G) Verbal assault of, physical assault or battery of, and disrespectful conduct toward persons attending school-related functions. (2) No later than August 15, 2000, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraph (1) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraph (1) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2000, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student codes of conduct. (b) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the student's parent or guardian may acknowledge his or her receipt of the

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code, and the local school shall request that the form be signed and returned to the school. SECTION 2 . This Act shall become effective on July 1, 2000. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRSEMERGENCY MANAGEMENT; 911 ADVISORY COMMITTEE. Code Title 38, Chapter 3 Amended. Code Section 46-5-123 Amended. No. 287 (Senate Bill No. 51). AN ACT To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, known as the Georgia Emergency Management Act of 1981, so as to change the definition of the term emergency management; to change the provisions relating to the authority of the director of emergency management; to require certain emergency management personnel to be certified and to provide requirements for certification; to require certain emergency management personnel to complete annual continuing educational courses; to provide for recertification of certain emergency management personnel; to amend Code Section 46-5-123 of the Official Code of Georgia Annotated, relating to creation of the 911 Advisory Committee, so as to change the composition of the 911 Advisory Committee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 38 of the Official Code of Georgia Annotated, known as the Georgia Emergency Management Act of 1981, is amended by striking in its entirety paragraph (1) of Code Section 38-3-3, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Emergency management' means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or

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natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 38-3-20, relating to the creation of the Georgia Emergency Management Agency, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the `Georgia Emergency Telephone Number 911 Service Act of 1977,' as amended. SECTION 3 . Said chapter is further amended by striking in their entirety paragraphs (1) through (3) of subsection (a) of Code Section 38-3-27, relating to local organizations for emergency management, and inserting in lieu thereof new paragraphs (1) through (3) to read as follows: (a) (1) The governing body of each county of this state may establish a local organization for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency management in accordance with the state emergency management plan and program, any municipality in such county may establish its own organization for emergency management. In cases where a county has an organization for emergency management, such organization shall include participation

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by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above-mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director to the director of emergency management who shall have the authority to make the appointment. The local director shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to Article 1, this article, and Article 3 of this chapter. (2) A local director appointed pursuant to the provisions of paragraph (1) of this subsection who is paid a salary for full-time service as a director by the political subdivision or political subdivisions shall have the following minimum qualifications: (A) The director shall be at least 21 years of age; (B) The director shall not have been convicted of a felony. The executive officer or governing body of a political subdivision which nominates a local director shall furnish the director of emergency management two sets of fingerprints of the nominee. The director of emergency management shall forward fingerprints received concerning each nominee to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of identification established by the Federal Bureau of Investigation. The Georgia Crime Information Center shall report the findings of its records search and the records search of the Federal Bureau of Investigation to the director of emergency management; (C) The director shall have completed a high school education or its equivalent and shall have successfully completed all initial courses required by the director of emergency management within 180 days following the date of nomination to office or within an extended period as determined by the director of emergency management and shall have successfully completed subsequent courses required by the director of emergency management within

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an appropriate period as determined by the director of emergency management; (D) The director shall be capable of writing plans for responding to and recovering from disasters in his jurisdiction and shall be routinely available to respond to emergency scenes, command posts, or operation centers; to coordinate emergency response of public and private agencies and organizations; to attend training; and to attend meetings convented by the appointing authority or the director of emergency management; and (E) The director shall not be self-employed or have any other occupation in the private sector which conflicts with his duties as a local director. (3) (A) If a local director appointed pursuant to the provisions of paragraph (1) of this subsection is a part-time director, such part-time director shall meet the minimum qualifications in subparagraphs (A) through (D) of paragraph (2) of this subsection. If such local director is employed under a 40 to 90 percent (time required on job) work contract, such local director shall be required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices. If such local director is employed under a 25 to 39 percent (time required on job) work contract, such local director shall be required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices. (B) If the part-time paid director is also a part-time paid employee of the federal or state government, he must have written authorization from the appropriate appointing authority to hold the position of director and to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (C) If the part-time paid director is also a part-time paid employee of county or municipal government in another capacity, that government must enact an order or ordinance specifying that such director will be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. The order or ordinance shall also specify that the individual, when acting as director, shall relinquish authorities and responsibilities associated with his other governmental employment and shall name a person to assume those authorities and responsibilities until such time as the director shall cease to function as director. In no case shall the county or municipal government seek or receive any reimbursement for the part-time paid director's

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salary if such director is employed and compensated by the county or municipality in another capacity. (D) If the part-time paid director is also a part-time paid employee in the private sector, he shall have a letter from his employer stating that he shall, without penalty, be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (E) If the part-time paid director is self-employed, he must certify, by letter, that his schedule shall permit him to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (F) Except as provided in his subparagraph, any director or deputy director of a local emergency management organization appointed after July 1, 1999, shall be a certified emergency manager under the Georgia Emergency Management Agency's Certified Emergency Manager Program. The curriculum of the Certified Emergency Manager Program and requirements for certification shall be determined by the director of emergency management and shall include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and field-delivered courses. Certification may be obtained by an appointed director or deputy director within six months of his or her appointment. Certification shall expire biennially. As a condition of certification renewal, such emergency management personnel shall be required to satisfactorily complete continuing education requirements provided for in subparagraph (G) of this paragraph. (G) Emergency management personnel certified under the Certified Emergency Manager Program shall complete annually a minimum of 24 hours of continuing education to maintain certification. The continuing education shall include programs and courses sponsored or approved by the director of emergency management. Personnel who lose their certification because of their failure to meet continuing education requirements will be eligible for recertification under provisions included in the Certified Emergency Manager Program. SECTION 4 . Code Section 46-5-123 of the Official Code of Georgia Annotated, relating to creation of the 911 Advisory Committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) For the purposes of the development and implementation of a plan for the state-wide emergency telephone number `911' system, there

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is created the `911' Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissioner of administrative services or his or her designee; and ten other members appointed by the Governor, as follows: (1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; and (3) Four members who are experienced in and currently involved in the management of emergency telephone systems. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. INSURANCEHEALTH INSURANCE COVERAGE FOR ANESTHESIA AND RELATED SURGICAL FACILITY CHARGES IN CONJUNCTION WITH DENTAL CARE. Code Section 33-24-28.4 Enacted. No. 288 (Senate Bill No. 66). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide for definitions; to provide that certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers shall be required to make available coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to require prior authorization for coverage for general anesthesia and associated hospital or ambulatory surgical facility charges for dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to restrict coverage for general anesthesia and associated hospital and ambulatory surgical facility charges to dental care that is provided by certain dentists under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, is amended by adding a new Code Section 33-24-28.4 to read as follows: 33-24-28.4. (a) As used in this Code section, the term `general anesthesia' means the use of an anesthetic that is complete and affects the entire body, causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through inhalation. (b) (1) Any individual or group plan, policy, or contract for health care services which is issued, delivered, issued for delivery, or renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care services to patients, insureds, or beneficiaries in this state shall be subject to the provisions of this Code section. (2) Any entity listed in paragraph (1) of this subsection and located or domiciled outside of this state shall be subject to the provisions of this Code section if it receives, processes, adjudicates, pays, or denies any claim for health care services submitted by or on behalf of any patient, insured, or other beneficiary who resides or receives health care services in this state. (c) Any entity that provides a health care services plan, policy, or contract subject to this Code section shall provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care provided to a person insured or otherwise covered under such plan if such person is: (1) Seven years of age or younger or is developmentally disabled; (2) An individual for which a successful result cannot be expected from dental care provided under local anesthesia because of a neurological or other medically compromising condition of the insured; or (3) An individual who has sustained extensive facial or dental trauma, unless otherwise covered by workers' compensation insurance. (d) Any entity that provides a health care services plan, policy, or contract subject to this Code section may require prior authorization for general anesthesia and associated hospital or ambulatory surgical facility

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charges for dental care in the same manner that prior authorization is required for such benefits in connection with other covered medical care. (e) Any entity that provides a health care services plan, policy, or contract subject to this Code section may restrict coverage under this Code section to include only procedures performed by: (1) A fully accredited specialist in pediatric dentistry or other dentist fully accredited in a recognized dental specialty for which hospital or ambulatory surgical facility privileges are granted; (2) A dentist who is certified by virtue of completion of an accredited program of post-graduate training to be granted hospital or ambulatory surgical facility privileges; or (3) A dentist who has not yet satisfied certification requirements but has been granted hospital or ambulatory surgical facility privileges. (f) This Code section shall not apply to limited benefit insurance policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12. SECTION 2 . This Act shall apply to all plans, policies, or contracts issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. EDUCATIONSCHOOL SAFETY PLANS; RELATED TRAINING AND TECHNICAL ASSISTANCE. Code Section 20-2-1185 Amended. No. 289 (Senate Bill No. 74). AN ACT To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting elementary and secondary schools, so as to change the provisions relating to school safety plans; to require that school safety plans address preparedness for certain accidents, acts of violence, and acts of terrorism; to require that school safety plans be prepared with input from law enforcement, fire service, public safety, and emergency management agencies, reviewed annually, and submitted to local emergency management agencies; to require a certain approval by the Georgia Emergency Management Agency in

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connection with state funding assistance for public school safety equipment; to provide that school safety plans should address security issues involving school functions held during noninstructional hours; to direct the Georgia Emergency Management Agency to provide certain training and technical assistance; 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 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting elementary and secondary schools, is amended by striking in its entirety Code Section 20-2-1185, relating to school safety plans, and inserting in lieu thereof a new Code Section 20-2-1185, to read as follows: 20-2-1185. (a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in schools, to respond effectively to such incidents, and to provide a safe learning environment for Georgia's children, teachers, and other school personnel. Such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism. School safety plans of public schools shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement, fire service, public safety, and emergency management agencies. School safety plans of private schools may be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, other school employees, and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed and, if necessary, updated annually. Such plans of public schools shall be submitted to the local emergency management agency. (b) A public school may request funding assistance from the state for the installation of safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education, the Department of Education, and the Georgia Emergency Management Agency. (c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the

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school or school system and school functions held during noninstructional hours. (d) The Georgia Emergency Management Agency shall provide training and technical assistance to public school systems, and may provide this same training and technical assistance to private school systems, and independent private schools throughout this state in the area of emergency management and safe school operations. This training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model school safety plans. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. CRIMES AND OFFENSESASSAULT AND BATTERY; CRIMES AGAINST FAMILY MEMBERS; CRUELTY TO CHILDREN; EXCEPTIONS FOR CERTAIN CORPORAL PUNISHMENT OF CHILDREN. Code Title 16, Chapter 5, Article 2 Amended. No. 290 (Senate Bill No. 113). AN ACT To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the Crimes Against Family Members Act of 1999; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context; to change the definition of the crime of cruelty to children in the second degree; to provide penalties for certain crimes of violence committed in front of children; to provide that in no event shall enhanced penalties for the crimes of simple assault or simple battery be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Crimes Against Family Members Act of 1999. SECTION 2 . Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by striking in its entirety Code Section 16-5-20, relating to the crime of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows: 16-5-20. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) and (d) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. SECTION 3 . Said article is further amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:

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16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c), (d), (e), (f), (g), (h), and (i) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e) (1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

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(g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. SECTION 4 . Said article is further amended by striking in its entirety Code Section 16-5-23, relating to the crime of simple battery, and inserting in lieu thereof a new Code Section 16-5-23 to read as follows: 16-5-23. (a) A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another. (b) Except as otherwise provided in subsections (c), (d), (e), and (f) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a, misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction

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thereof, be punished for a misdemeanor of a high and aggravated nature. (f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. SECTION 5 . Said article is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows: 16-5-24. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c), (d), (e), (f), (g), and (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e) (1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is

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engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. SECTION 6 . Said article is further amended by striking in its entirety Code Section 16-5-70, relating to the crime of cruelty to children, and inserting in lieu thereof a new Code Section 16-5-70 to read as follows: 16-5-70. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. (c) Any person commits the offense of cruelty to children in the second degree when: (1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.

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(d) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (e) A person convicted of the offense of cruelty to children in the second degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the second degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment. SECTION 7 . Nothing herein shall be construed to validate a relationship between people of the same sex as a marriage under the laws of this State. 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 22, 1999. PROFESSIONS AND BUSINESSESSPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS; DEFINITIONS; BOARD MEETINGS; LICENSURE EXEMPTION; STANDARDS; TEMPORARY LICENSES. Code Sections 43-44-3, 43-44-5, 43-44-7, 43-44-8, and 43-44-11 Amended. No. 291 (Senate Bill No. 133). AN ACT To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provisions relating to meeting times of the board; to provide for an additional exemption from licensure; to change the standards for licensure; to provide for temporary licenses; to repeal existing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, is amended by striking

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paragraphs (6) and (7) of Code Section 43-44-3, relating to definitions, in their entirety and inserting in their places the following: (6) `The practice of audiology' means the application of principles, methods, and procedures of identification of hearing loss, measurement, testing, evaluation, case management, prediction, prevention, consultation, counseling, instruction, and research related to hearing, hearing disorders, and auditory and vestibular function and dysfunction; intervention as related to such principles, methods, and procedures; interpretation of the results of such principles, methods, and procedures; the evaluation, recommendations, fitting, and dispensing of hearing aids, auditory trainers, and other assistive devices designed to ameliorate the effects of a hearing disorder; and the planning, directing, conducting, and participating in hearing conservation programs and programs of habilitation, rehabilitation, and intervention for disorders of hearing, auditory function and processing, and vestibular function, including but not limited to auditory training, speechreading, and vestibular rehabilitation, which vestibular function and rehabilitation the audiologist is qualified to perform by virtue of education, training, and experience. (7) `The practice of speech-language pathology' means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, intervention, research, habilitation, or rehabilitation related to the development and disorders of speech or language including but not limited to voice, resonance, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, modifying, or otherwise treating such disorders and conditions in individuals or groups of individuals. SECTION 2 . Said chapter is further amended by striking Code Section 43-44-5, relating to meetings and officers, in its entirety and inserting in its place the following: 43-44-5. The board shall hold a regular annual meeting at which it shall elect from its membership a chairperson and vice chairperson. In addition to its annual meeting, the board shall hold such other meetings as are necessary for the performance of its duties under this chapter. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. SECTION 3 . Said chapter is further amended by striking Code Section 43-44-7, relating to license requirements and exemptions, in its entirety and inserting in its place the following:

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43-44-7. (a) No person shall practice or hold himself or herself out as being able to practice speech-language pathology or audiology in this state unless that person is licensed in accordance with this chapter. Nothing in this chapter, however, shall be construed so as to prevent a person licensed under any other law of this state from operating within the scope of that person's license. (b) (1) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party, except for Medicaid. (2) Registration as a speech-language pathology aide is not required of a public education communication aide while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party. (c) Nothing in this chapter shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this chapter. (d) Licensees shall conspicuously post their speech-language pathology or audiology license at all times in their principal office or place of business. (e) Nothing in this chapter shall be construed to entitle any person licensed under this chapter to engage in the practice of selling and dispensing hearing aids unless such person is licensed as an audiologist under this chapter. (f) Nothing in this chapter shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under the laws of this state. (g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his or her license or the performing of hearing testing by persons acting under the supervision of a licensed physician, provided that the physician must be on the premises while such acts are being performed. (h) A person who is not licensed as an audiologist may perform nondiagnostic electro-physiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial

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identification of communication disorders in infants under the age of three months, provided that: (1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter; (2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist; (3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as `pass or fail' or `pass or refer.' (4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and (5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic information; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation. SECTION 4 . Said chapter is further amended by striking paragraphs (1) and (4) of subsection (a) of Code Section 43-44-8, relating to license requirements, in their entirety and inserting in their respective places the following: (1) Hold a master's or higher degree, with a major emphasis in speech-language pathology or audiology, or both, from an accredited educational institution; . (4) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested. This clinical experience must be obtained under the supervision of one or more licensed speech-language pathologists or audiologists or one or more speech-language pathologists or audiologists who hold the Certificate of Clinical Competence of the American Speech-Language-Hearing Association. Supervision must be provided by individuals licensed or certified in the appropriate area. This experience must follow completion of the requirements listed in paragraphs (1), (2), and (3) of this subsection. `Full-time' is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained

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within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of half-time paid experience of at least 15 hours per week which must be completed within a period of 36 months; . SECTION 5 . Said chapter is further amended by adding a new subsection (b.1) after subsection (b) of Code Section 43-44-11, relating to temporary licenses, to read as follows: (b.1) The board may, in its discretion, upon payment of fees, grant a temporary license to an applicant who has satisfied the requirements of paragraphs (1), (2), and (3) of subsection (a) of Code Section 43-44-8 and who is engaged in a paid clinical experience pursuant to paragraph (4) of said subsection. Such temporary license shall be valid for one year and subject to renewal for only one additional year. A person holding a temporary license shall be subject to the same disciplinary action as a person holding a full license. SECTION 6 . This Act shall become effective on July 1, 1999. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. MOTOR VEHICLES AND TRAFFICHEIDI'S LAW; HOMICIDE BY VEHICLE; BAIL; DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR OTHER INTOXICATING SUBSTANCES; DRIVING WHILE A LICENSE IS SUSPENDED; SERIOUS INJURY BY VEHICLE; IGNITION INTERLOCK DEVICES; PROBATION. Code Sections 17-6-1, 17-10-3.1, 40-5-64, 40-5-121, 40-6-391, 40-6-393, 40-6-394, 42-8-110, and 42-8-111 Amended. No. 292 (Senate Bill No. 164). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to bailable offenses; to change certain provisions relating to punishments for certain violations of Code Section 40-6-391; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to limited driving permits for certain

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offenders; to change certain provisions relating to driving while a license is suspended or revoked; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to homicide by vehicle; to change certain provisions relating to serious injury by vehicle; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices; to provide legislative findings and declarations; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The General Assembly finds and declares as follows: WHEREAS, Heidi Marie Flye (Woodyard), age 32, was a vibrant, beautiful, and loving wife, mother, daughter, and sister who lived a life dedicated to her family, her religion, and unselfish acts of kindness; and WHEREAS, Cathryn Nicole Flye (Cady), age 6, and Audrey Marie Flye, age 4, were the beloved children of Heidi Flye; and WHEREAS, on July 13, 1998, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye were killed in a motor vehicle collision which involved the drunk driver who had been convicted of driving under the influence in Georgia less than a year before he killed Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and WHEREAS, the entire county of Forsyth has felt the impact and sorrow of the premature and senseless deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and WHEREAS, the deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye could have been prevented had the driver who killed them been required to have an ignition interlock device installed on his vehicle; and WHEREAS, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye are, unfortunately, among the more prominent examples of the over 600 people in Georgia who are killed each year by individuals who drive while under the influence of alcohol or drugs; and WHEREAS, drunk drivers account for over one-third of the total fatalities that occur each year in motor vehicle accidents; and WHEREAS, the likelihood of being killed in a motor vehicle crash is much greater if the driver of the other vehicle is under the influence of alcohol or drugs; and

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WHEREAS, drunk drivers represent an economic cost of over $1.1 billion to the state and people of Georgia; and WHEREAS, an ignition interlock program has been shown to be effective in reducing both the number of drunk drivers on the highways and the number of fatalities caused by repeat offenders; and WHEREAS, it is fitting to honor the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye in particular by strengthening the laws requiring the installation and use of ignition interlock devices. SECTION 2 . This Act shall be known and may be cited as Heidi's Law. SECTION 3 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (f) of Code Section 17-6-1, relating to bailable offenses, and inserting in lieu thereof the following: (f) (1) Except as provided in subsection (a) of this Code section or as otherwise provided in this subsection, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. (2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements. (3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code

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section, the term `serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury. (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. (5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section. SECTION 4 . Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for certain violations of Code Section 40-6-391, and inserting in lieu thereof the following: 17-10-3.1. (a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391. SECTION 5 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (a) of Code Section

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40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following: (a) To whom issued . Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2 or as otherwise provided by Code Section 40-5-63.1. SECTION 6 . Said title is further amended by striking subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, and inserting in lieu thereof the following: (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. SECTION 7 . Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following: (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon

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a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; and (D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the

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offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; and (D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; (C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; and (D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction. SECTION 8 . Said title is further amended by striking paragraph (1) of subsection (j) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following: (j) (1) The clerk of the court in which a person is convicted a second or subsequent time under subsection (c) of this Code section within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of

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conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. SECTION 9 . Said title is further amended by striking Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu thereof the following: 40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary. SECTION 10 . Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof the following:

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40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years. SECTION 11 . Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by adding at the end of Code Section 42-8-110, relating to the purchase or lease of ignition interlock devices by counties, municipalities, or private entities, a new subsection (e) to read as follows: (e) If a county, municipality, or other political subdivision of this state contracts with a private entity to operate a provider center or leases ignition interlock devices from a private entity, such contract shall include provisions that will allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such ignition interlock device to participate in the ignition interlock program. SECTION 12 . Said article is further amended by striking Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in lieu thereof a new Code Section 42-8-111 to read as follows: 42-8-111. (a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 for which a person is granted probation, the court shall order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock device. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device. (b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which

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any person subject to subsection (a) of this Code section owns or operates. (c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device. (d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law. (e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. SECTION 13 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 14 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. EDUCATIONCAPITAL OUTLAY FUNDS; LOW-WEALTH CAPITAL OUTLAY GRANTS TO LOCAL SCHOOL SYSTEMS. Code Section 20-2-262 Enacted. No. 293 (House Bill No. 149). AN ACT To amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for low-wealth capital outlay grants to be made by the State Board of Education to local school systems; to establish criteria for eligibility for such grants; to

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provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated is amended by adding a new Code section, to be designated as Code Section 20-2-262, to read as follows: 20-2-262. (a) The General Assembly finds that many local school systems in Georgia have relatively weak local tax bases and are unable to raise revenues sufficient to meet their facility needs. The General Assembly further finds that even with current levels of state capital outlay support, these systems must wait for years before they can accumulate funds to initiate construction projects that are needed immediately. For some systems, the availability of the local option sales tax does not resolve their problem, because their commercial tax base is as meager as their property wealth. The difficulty is compounded if the per capita income in the school system is low, because residents have less ability to take advantage of property tax and sales tax options to meet their facility needs. It is the intent of the General Assembly to provide for state capital outlay grants specifically targeted to low-wealth school systems, on a trial basis, in order to help such systems initiate what they have been unable to accomplish with existing revenue sources. (b) As used in this Code section, the terms `full-time equivalent student count' and `weighted full-time equivalent student count' shall have the same meaning as provided in Code Section 20-2-260. (c) The State Board of Education shall provide eligible local school systems with low-wealth capital outlay grants as provided for in this Code section, subject to appropriation by the General Assembly. Such grants shall provide sufficient funds to cover 90 percent of the cost of the local school system's first priority project, as contained in the system's most recently approved local facilities plan. (d) Local school systems which meet the following criteria shall be eligible for a low-wealth capital outlay grant: (1) The amount of sales tax revenues per unit in the full-time equivalent student count of the local school system is less than 75 percent of the state-wide average sales tax revenues per unit in the full-time equivalent student count; (2) The value of property per unit in the weighted full-time equivalent student count of the local school system is less than 75 percent of

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the state-wide average value of property per unit in the weighted full-time equivalent student count; (3) The per capita income of residents of the local school district is less than 75 percent of the state-wide average per capita income level; (4) The local school system's millage rate for maintenance and operation is at least 60 percent of the system's constitutional authority to recommend; or if the school system is not a recommending authority, the appropriations to the system represent a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; or if the school system is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; (5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both; and (6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1999. EDUCATIONPRIVATE COLLEGES AND UNIVERSITIES AUTHORITY; DEFINITION; SCOPE; MEDICAL LOANS AND SCHOLARSHIPS. Code Sections 20-3-201, 20-3-513, and 20-3-514 Amended. No. 294 (House Bill No. 211). AN ACT To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change the definition of the term institution of higher education for purposes of Article 6 of said

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chapter, the Private Colleges and Universities Authority Act, and thereby change the scope and operation of said article; to change provisions relating to the conditions of repayment of medical loans and scholarships and the signing of contracts relating to medical loans and scholarships; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-201, relating to definitions of terms applicable in Article 6 of said chapter, the Private Colleges and Universities Authority Act, by striking paragraph (9) of the Code section and inserting in its place a new paragraph to read as follows: (9) `Institution for higher education' means a nonprofit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level and which: (A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) Provides an educational program for which it awards a bachelor's degree or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and (C) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the university system and its educational units for credit on the same basis as if transferred from an institution so accredited, or any nonprofit corporation organized solely for the benefit of such an institution; provided, however, that a nonprofit educational institution which is otherwise an institution for higher education as defined in this paragraph shall be deemed to be an institution for higher education notwithstanding such institution's maintenance of a special early-admission policy for gifted high school students. SECTION 2 . Said chapter is further amended by striking Code Section 20-3-513, regarding the determination of the amount of medical loans and scholarships, and inserting in its place the following Code section:

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20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount. SECTION 3 . Said chapter is further amended by striking subsection (a) of Code Section 20-3-514, relating to contracts for medical loans and scholarships, and inserting in its place the following subsection: (a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, which contract shall include such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairman of the State Medical Education Board, countersigned by the executive director of the State Medical Education Board, and shall be signed by the applicant. For the purposes of this part the disabilities of minority of all applicants granted loans or scholarships

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pursuant to this part are removed, and the said applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section and such contract so executed by an applicant is declared to be a valid and binding contract the same as though the said applicant were of the full age of majority. The State Medical Education Board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the State Medical Education Board on any such contract. SECTION 4 . (a) Except as otherwise provided in subsection (b) of this Code section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2 and 3 of this Act shall become effective on July 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1999. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSELECTRONIC FILING OF DOCUMENTS WITH THE SECRETARY OF STATE; ELECTRONIC SIGNATURES; EVIDENCE; PROXIES; MERGER OF PARENT CORPORATION INTO A SUBSIDIARY CORPORATION; FOREIGN CORPORATIONS. Code Title 14, Chapters 2, 3, 9, and 11 Amended. No. 295 (House Bill No. 224). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that certain documents filed with the Secretary of State may be signed by an attorney in fact; to provide that certain documents filed with the Secretary of State electronically may bear the electronic name of the person executing the document in lieu of a signature; to provide for fees; to provide that the Secretary of State may provide for the electronic filing of documents; to define a certain term; to provide for the evidentiary value of documents electronically transmitted; to delete certain provisions relative to the contents of articles of incorporation; to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her; to provide that a parent corporation may merge itself into a subsidiary

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corporation; to provide that such merger shall not require shareholder approval under certain conditions; to change the definition of the term beneficial owner; to change the provisions relating to which activities of a foreign corporation do not constitute transacting business; to change certain provisions relative to the publication of notice of incorporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships and associations, is amended by striking in its entirety Code Section 14-2-120, relating to filing documents relative to business corporations, and inserting in lieu thereof the following: 14-2-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed: (1) By the chairperson of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or (3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary; provided, however, that the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State. (g) The person executing the document shall sign it and state beneath or opposite his or her signature his or her name and the capacity in

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which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may but need not contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1, and any penalty required by this chapter or other law. (i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the `Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures. SECTION 2 . Said title is further amended by striking in its entirety Code Section 14-2-127, relating to the evidentiary effect of a copy of a filed document, and inserting in lieu thereof the following: 14-2-127. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State. SECTION 3 . Said title is further amended by inserting immediately following paragraph (7) of Code Section 14-2-140, relating to definitions relative to business corporations, a new paragraph to read as follows: (7.1) `Electronic transmission' or `electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. SECTION 4 . Said title is further amended by striking in its entirety Code Section 14-2-202, relating to articles of incorporation relative to business corporations, and inserting in lieu thereof the following:

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14-2-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-2-401; (2) The number of shares the corporation is authorized to issue; (3) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (4) The name and address of each incorporator; and (5) The mailing address of the initial principal office of the corporation, if different from the initial registered office. (b) The articles of incorporation may set forth: (1) The names and addresses of the individuals who are to serve as the initial directors; (2) Provisions not inconsistent with law regarding: (A) The purpose or purposes for which the corporation is organized; (B) Managing the business and regulating the affairs of the corporation; (C) Defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (D) A par value for authorized shares or classes of shares; and (E) The imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3) Any provision that under this chapter is required or permitted to be set forth in the bylaws; (4) A provision eliminating or limiting the liability of a director to the corporation or its shareholders for monetary damages for any action taken, or any failure to take any action, as a director, except liability: (A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal benefit,

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provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; and (5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the corporation and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constituency any right to be considered. (c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. SECTION 5 . Said title is further amended by striking in its entirety Code Section 14-2-501, relating to the registered office and registered agent relative to business corporations, and inserting in lieu thereof the following: 14-2-501. Each corporation must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) A person who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or (C) A foreign corporation or nonprofit foreign corporation authorized to transact business in this state whose business office is identical with the registered office. SECTION 6 . Said title is further amended by striking in its entirety Code Section 14-2-722, relating to proxies, and inserting in lieu thereof the following: 14-2-722. (a) A shareholder may vote his or her shares in person or by proxy.

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(b) A shareholder or his or her agent or attorney in fact may appoint a proxy to vote or otherwise act for the shareholder by signing an appointment form or by an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the shareholder, the shareholder's agent, or the shareholder's attorney in fact authorized the electronic transmission. (c) An appointment of a proxy is effective when a signed appointment form or electronic transmission of the appointment is received by the inspector of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly provided in the appointment. (d) An appointment of a proxy is revocable unless the appointment form or electronic transmission states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of: (1) A pledgee; (2) A person who purchased or agreed to purchase the shares; (3) A creditor of the corporation who extended it credit under terms requiring the appointment; (4) An employee of the corporation whose employment contract requires the appointment; or (5) A party to a voting agreement created under Code Section 14-2-731. (e) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his or her authority under the appointment. (f) An appointment made irrevocable under subsection (d) of this Code section is revoked when the interest with which it is coupled is extinguished. (g) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if he or she did not know of its existence when he or she acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates. (h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's authority stated in the appointment form or electronic

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transmission, a corporation is entitled to accept the proxy's vote or other action as that of the shareholder making the appointment. (i) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) of this Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission. (j) A corporation may adopt bylaws authorizing additional means or procedures for shareholders to exercise rights granted by this Code section. SECTION 7 . Said title is further amended by striking in its entirety Code Section 14-2-1006.1, relating to the publication of notice of change of name, and inserting in lieu thereof the following: 14-2-1006.1. (a) Together with the articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State an undertaking, which may appear in the articles of amendment or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation, to publish a notice of the filing of the articles of amendment as required by subsection (b) of this Code section. (b) No later than the next business day following the delivery of the articles of amendment and certificate as provided in subsection (a) of this Code section, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF CHANGE OF CORPORATE NAME Notice is given that articles of amendment which will change the name of(present corporate name) to(proposed corporate name) have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at(address of registered office).'

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The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation. SECTION 8 . Said title is further amended by striking in its entirety Code Section 14-2-1104, relating to the merger of a subsidiary corporation into a parent corporation, and inserting in lieu thereof the following: 14-2-1104. (a) A parent corporation owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation may either merge the subsidiary into itself or merge itself into the subsidiary corporation without approval of the shareholders of the parent or subsidiary except as provided in subsection (b) of this Code section. (b) If a parent corporation merges itself into a subsidiary corporation as provided in subsection (a) of this Code section, the parent corporation shall comply with the requirements of Code Section 14-2-1103 unless: (1) Immediately following the effective time of the merger, the articles of incorporation and the bylaws of the surviving corporation are identical, except for any differences in the articles of incorporation permitted by amendments enumerated in Code Section 14-2-1002, to the articles of incorporation and the bylaws of the parent corporation immediately prior to the effective time of the merger; (2) Each shareholder of the parent corporation whose shares were outstanding immediately prior to the effective time of the merger will receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; (3) The number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; and

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(4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger. (c) The board of directors of the parent shall adopt a plan of merger that sets forth: (1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the surviving corporation or any other corporation or into cash or other property in whole or in part. (d) Within ten days after the corporate action is taken, the surviving corporation shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary or parent who does not waive the mailing requirement in writing. (e) If the parent corporation is the surviving corporation, articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002). SECTION 9 . Said title is further amended by striking in its entirety paragraph (4) of Code Section 14-2-1110, relating to definitions relative to fair price requirements, and inserting in lieu thereof the following: (4) `Beneficial owner' means a person shall be considered to be the beneficial owner of any equity securities: (A) Which such person or any of such person's affiliates or associates owns, directly or indirectly; (B) Which such person or any of such person's affiliates or associates, directly or indirectly, has: (i) The right to acquire, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or (ii) The right to vote pursuant to any agreement, arrangement, or understanding; or (C) Which are owned, directly or indirectly, by any other person with which such person or any of such person's affiliates or associates has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of equity

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securities; provided, however, that a person shall not be considered to be a beneficial owner of any equity securities which (i) have been tendered pursuant to a tender or exchange offer made by such person or such person's affiliates or associates until such tendered stock is accepted for purchase or exchange or (ii) such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons. SECTION 10 . Said title is further amended by striking in its entirety Code Section 14-2-1131, relating to definitions relative to business combinations with interested stockholders, and inserting in lieu thereof the following: 14-2-1131. For purposes of this part, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions: (1) For purposes of this part, `business combination' means: (A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting stock; (B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter; (C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or

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more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any interested shareholder became such; (D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation; (E) Any reclassification of securities, including any reverse stock split, or recapitalization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder; (F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a shareholder of the corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries; or (G) Any share exchange with (i) any interested shareholder or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the share exchange would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction; (2) For purposes of this part and Part 2 of this article, the presumption of `control' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this part or Part 2 of this article, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation; and

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(3) For purposes of this part, a `resident domestic corporation' means: (A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either: (i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state; (iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or (iv) Owns or controls assets located in this state which represent the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, `substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and (B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state. SECTION 11 . Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof the following: (1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or 14-2-1104 or the articles of incorporation and the shareholder is entitled to vote on the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104; . SECTION 12 . Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-1501, relating to the requirement that a foreign corporation have a certificate of authority to transact business, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; (13) Owning (directly or indirectly) an interest in or controlling (directly or indirectly) another entity organized under the laws of, or transacting business within, this state; or (14) Serving as a manager of a limited liability company organized under the laws of, or transacting business within, this state. SECTION 13 . Said title is further amended by striking in its entirety Code Section 14-2-1622, relating to the annual registration for the Secretary of State, and inserting in lieu thereof the following:

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14-2-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the corporation and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. (e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. SECTION 14 . Said title is further amended by striking in its entirety Code Section 14-3-120, relating to the filing of documents relative to nonprofit corporations, and inserting in lieu thereof the following:

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14-3-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed: (1) By the chairperson of the board of directors of a domestic or foreign corporation, its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or (3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary; provided, however, the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State. (g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may, but need not, contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-3-503 and 14-3-1509), the correct filing fee, any certificate required by this chapter, and any penalty required by this chapter or other law.

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(i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the `Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures. SECTION 15 . Said title is further amended by striking in its entirety Code Section 14-3-122, relating to filing fees, and inserting in lieu thereof the following: 14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing: Document Fee (1) Articles of incorporation $ 60.00 (2) Application for certificate of authority 70.00 (3) Annual registration 15.00 (4) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name No fee (7) Statement of change of address of registered agent..... $5.00 per corporation but not less than 20.00 (8) Application for reinstatement 20.00 (9) Any other document required or permitted to be filed by this chapter 20.00 (b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to administrative dissolution as provided in Code Section 14-3-1420. SECTION 16 . Said title is further amended by striking in its entirety Code Section 14-3-127, relating to the evidentiary effect of copy of filed document, and inserting in lieu thereof the following: 14-3-127. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be

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in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State. SECTION 17 . Said title is further amended by inserting immediately following paragraph (11) of Code Section 14-3-140, relating to definitions relative to nonprofit corporations, a new paragraph to read as follows: (11.1) `Electronic transmission' or `electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. SECTION 18 . Said title is further amended by striking in its entirety Code Section 14-3-202, relating to articles of incorporation relative to nonprofit corporations, and inserting in lieu thereof the following: 14-3-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-3-401; (2) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (3) The name and address of each incorporator; (4) Whether or not the corporation will have members; (5) The mailing address of the initial principal office of the corporation, if different from the initial registered office; and (6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code. (b) The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors; (3) Provisions not inconsistent with law regarding: (A) Managing and regulating the affairs of the corporation;

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(B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members; (4) A provision eliminating or limiting the liability of a director to the corporation or its members for monetary damages for any action taken, or any failure to take any action, as a director, except liability: (A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; (5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (6) Provisions not inconsistent with law regarding the distribution of assets on dissolution. (c) One or more incorporators named in the articles must sign the articles unless the filing is being signed by an attorney in fact. (d) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. SECTION 19 . Said title is further amended by striking in its entirety Code Section 14-3-501, relating to registered offices and registered agents, and inserting in lieu thereof the following: 14-3-501. Each corporation must continuously maintain in this state: (1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be:

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(A) A person who resides in this state and whose office is identical with the registered office; (B) A domestic business or nonprofit corporation formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation authorized to transact business in this state whose office is identical with the registered office. SECTION 20 . Said title is further amended by striking in its entirety Code Section 14-3-1005.1, relating to notice of intent to change corporate name, and inserting in lieu thereof the following: 14-3-1005.1. (a) Together with the articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State an undertaking, which may appear in the articles of amendment or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation, to publish a notice of the filing of the articles of amendment as required by subsection (b) of this Code section. (b) No later than the next business day following the delivery of the articles of amendment and certificate as provided in subsection (a) of this Code section, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is the newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF CHANGE OF CORPORATE NAME Notice is given that articles of amendment which will change the name of(present corporate name) to(proposed corporate name) have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The registered office of the corporation is located at(address of registered office).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment for the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the

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notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation. SECTION 21 . Said title is further amended by striking in its entirety Code Section 14-3-1622, relating to the annual registration of corporations, and inserting in lieu thereof the following: 14-3-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the corporation and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office, if any; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. (e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the

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reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. SECTION 22 . Said title is further amended by inserting immediately following paragraph (2) of Code Section 14-9-101, relating to definitions relative to limited partnerships, a new paragraph to read as follows: (2.1) `Electronic transmission' or `electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. SECTION 23 . Said title is further amended by striking in its entirety Code Section 14-9-104, relating to the registered office and agents, and inserting in lieu thereof the following: 14-9-104. (a) Each limited partnership shall continuously maintain in this state: (1) A registered office which may, but need not, be a place of its business in this state; and (2) A registered agent for service of process on the limited partnership. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A limited partnership may change its registered office or its registered agent by filing an amendment to its annual registration setting forth: (1) The name of the limited partnership; (2) The address of its then registered office; (3) If the address of its registered office is to be changed, the new address of the registered office; (4) The name or names of its then registered agent or agents; (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each successor agent to his or her or its appointment; and

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(6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical. (d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he or she shall file such statement in his or her office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective. (e) Any registered agent of a limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the limited partnership for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the address of the registered office of the limited partnership. (f) A registered agent may change his or her or its business address and the address of the registered office of any limited partnership of which he or she or it is a registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent. (g) Whenever a limited partnership shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the limited partnership has failed either to maintain a registered office or appoint a registered agent in this state. Any such service by certification to the Secretary of State shall be answerable in

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not more than 30 days. The provisions of this subsection may be used notwithstanding any inconsistent provisions of Chapter 11 of Title 9. (h) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto. SECTION 24 . Said title is further amended by inserting immediately following Code Section 14-9-108 a new Code section to read as follows: 14-9-109. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State. SECTION 25 . Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-202, relating to the amendment of a certificate of limited partnership, and inserting in lieu thereof the following: (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership; (2) The date of filing of the certificate of limited partnership; (3) The amendment to the certificate; and (4) If the amendment is to become effective later than the time of filing, the effective date, or effective time and date, which may not be later than 90 days after the filing date of the amendment. SECTION 26 . Said title is further amended by striking in its entirety Code Section 14-9-206, relating to filing a certificate of limited partnership with the Secretary of State, and inserting in lieu thereof the following: 14-9-206. (a) A signed copy, and facsimile thereof, of the certificate of limited partnership and of any certificates of amendment, cancellation, or merger, or of any judicial decree of amendment, cancellation, or merger must be delivered to the Secretary of State; provided, however, that if the document is electronically transmitted, the electronic version of such

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person's name may be used in lieu of a signature. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his or her authority as a prerequisite to filing. Unless the Secretary of State finds that a certificate does not conform to law, upon receipt of all filing fees required by law he or she shall: (1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and the facsimile copy; (2) File the signed copy in his or her office; and (3) Return the facsimile of the signed copy to the person who filed it or to his or her representative. (b) Upon the later of the filing of a certificate of amendment pursuant to this Code section or the effective time, or effective date and time, of the amendment pursuant to paragraph (4) of subsection (a) of Code Section 14-9-202, or upon the recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited partnership is amended as set forth in the certificate of amendment. (c) Upon the later of the filing of a certificate of cancellation pursuant to this Code section or the effective time or the effective date and time of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Section 14-9-205 of a certificate of cancellation, the certificate of limited partnership is canceled. (d) Upon the later of the filing of a certificate of merger pursuant to this Code section or the effective time or the effective date and time pursuant to paragraph (4) of subsection (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a certificate of merger, the constituent entities named in the certificate are merged. (e) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the `Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures. SECTION 27 . Said title is further amended by inserting immediately following Code Section 14-9-206.2 a new Code section to read as follows: 14-9-206.3. (a) A limited partnership may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement; or

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(2) Was defectively executed, attested, sealed, verified, or acknowledged. (b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document, including its filing date, or attach a copy of the document to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and (2) By delivering the articles of correction to the Secretary of State for filing. (c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when field. SECTION 28 . Said title is further amended by striking in its entirety Code Section 14-9-906, relative to the cancellation of a certificate of limited partnership, and inserting in lieu thereof the following: 14-9-906. A foreign limited partnership authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth: (1) The name of the limited partnership and the name of the jurisdiction under whose law it is organized; (2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (4) A mailing address to which a copy of any process served on the Secretary of State pursuant to paragraph (3) of this Code section may be mailed; and (5) A commitment to notify the Secretary of State in the future of any change in the mailing address provided pursuant to paragraph (4) of this Code section.

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SECTION 29 . Said title is further amended by striking in its entirety Code Section 14-9-1101, relating to fees, and inserting in lieu thereof the following: 14-9-1101. The Secretary of State shall charge and collect for: (1) Filing a certificate of limited partnership $ 60.00 (2) Filing a registration of a foreign limited partnership 170.00 (3) Filing an annual registration 15.00 (4) Agent's statement of resignation No fee (5) Statement of change of address of registered agent or registered office.....$5.00 per limited partnership but not less than 20.00 (6) Filing of an amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership 100.00 (7) Certificate of election to become a limited partnership 80.00 (8) Filing any other document required or permitted pursuant to this chapter 20.00 SECTION 30 . Said title is further amended by inserting immediately following paragraph (6) of Code Section 14-11-101, relating to definitions relative to limited liability companies, a new paragraph to read as follows: (6.1) `Electronic transmission' or `electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. SECTION 31 . Said title is further amended by inserting immediately following Code Section 14-11-101 a new Code section to read as follows: 14-11-102. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State.

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SECTION 32 . Said title is further amended by striking in its entirety Code Section 14-11-206, relating to the filing by the Secretary of State of certain documents relative to limited liability companies, and inserting in lieu thereof the following: 14-11-206. (a) A signed original and one exact or conformed copy of any document required or permitted to be filed pursuant to this chapter shall be delivered to the Secretary of State; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. Unless the Secretary of State finds that the document does not conform to the filing provisions of this chapter, upon receipt of all filing fees and additional information required by law, he or she shall: (1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and copy; (2) File the original in his or her office; and (3) Return the copy to the person who delivered the document to the Secretary of State or the person's representative. (b) If the Secretary of State refuses to file a document, he or she shall return it to the limited liability company or its representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal. (c) The Secretary of State's duty to file documents under this chapter is ministerial. (d) If the Secretary of State finds that any document delivered for filing does not conform to the filing provisions of this chapter at the time such document is delivered to the Secretary of State, such document is deemed to have been filed at the time of delivery (or such later time and date as is authorized by paragraph (2) of subsection (e) or subsection (f) of this Code section) if the Secretary of State subsequently determines that: (1) The document as delivered so conforms to the filing provisions of this chapter; or (2) Within 30 days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing or that person's representative, the documents are brought into conformance. (e) Except as provided in subsection (d) of this Code section, a document accepted for filing is effective:

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(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or (2) At the time specified in the document as its effective time on the date it is filed. (f) A document may specify a delayed effective time and date, and, if it does so, the document shall become effective at the time and date specified. If a delayed effective date but no effective time is specified, the document shall become effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date on which it is filed. (g) A certificate attached to a copy of a document filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State. (h) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the `Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures. SECTION 33 . Said title is further amended by striking in its entirety Code Section 14-11-209, relating to a registered office and registered agent, and inserting in lieu thereof the following: 14-11-209. (a) Each limited liability company shall continuously maintain in this state: (1) A registered office which may, but need not, be a place of its business in this state; and (2) A registered agent for service of process on the limited liability company. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact business in this state. (c) A limited liability company may change its registered office or its registered agent, or both, by filing an amendment to its annual registration that sets forth:

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(1) The name of the limited liability company; (2) The street address and county of its then registered office; (3) If the address of its registered office is to be changed, the new street address and county of the registered office; (4) The name of its then registered agent; and (5) If its registered agent is to be changed, the name of its successor registered agent. (d) A registered agent of a limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the registered agent's intention to resign to the limited liability company at the most recent mailing address of the limited liability company's principal place of business in this state listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing of the limited liability company's annual registration or a statement designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement of resignation was filed. (e) A registered agent may change the agent's office and the address of the registered office of any limited liability company of which the agent is the registered agent to another place within this state by filing a statement, as required in subsection (c) of this Code section, setting forth the required information for all limited liability companies for which he or she is the registered agent, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the limited liability company at the most recent mailing address of the limited liability company's principal place of business listed on the records of the Secretary of State. (f) Whenever a limited liability company shall fail to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the limited liability company failed either to maintain a registered office

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or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office. (g) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto. (h) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a limited liability company. SECTION 34 . Said title is further amended by striking in its entirety Code Section 14-11-603, relating to the judicial and administrative dissolution of limited liability companies, and inserting in lieu thereof the following: 14-11-603. (a) On application by or for a member, the court may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or a written operating agreement. A certified copy of any such decree shall be delivered to the Secretary of State, who shall file it. (b) (1) The Secretary of State may commence a proceeding under this subsection to dissolve a limited liability company administratively if: (A) The limited liability company does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due; (B) The limited liability company is without a registered agent or registered office in this state for 60 days or more; (C) The limited liability company does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or (D) The limited liability company pays a fee as required to be collected by the Secretary of State by a check or some other form of payment which is dishonored and the limited liability company or its agent does not submit payment for said dishonored payment within 60 days from notice of nonpayment issued by the Secretary of State. (2) If the Secretary of State determines that one or more grounds exist under this subsection for dissolving a limited liability company,

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he or she shall provide the limited liability company with written notice of his or her determination by mailing a copy of the notice, first-class mail, to the limited liability company at the last known address of its principal office or to the registered agent. If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the limited liability company, the Secretary of State shall administratively dissolve the limited liability company by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate. (3) A limited liability company administratively dissolved continues its existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs. Winding up the business of a limited liability company administratively dissolved may include, without limitation, the limited liability company proceeding, at any time after the effective date of the administrative dissolution, in accordance with Code Sections 14-11-607 and 14-11-608. The administrative dissolution of a limited liability company does not terminate the authority of its registered agent. (4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement. The application must: (A) Recite the name of the limited liability company and the effective date of its administrative dissolution; (B) State that the ground or grounds for dissolution either did not exist or have been eliminated; (C) State that the limited liability company's name satisfies the requirements of Code Section 14-11-207; (D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and (E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement,

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file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred. (5) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, he or she shall serve the limited liability company with a written notice that explains the reason or reasons for denial. The limited liability company may appeal the denial of reinstatement to the superior court of the county where the limited liability company's registered office is or was located within 30 days after service of the notice of denial is perfected. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the limited liability company's application for reinstatement, and the Secretary of State's notice of denial. The court's final decision may be appealed as in other civil proceedings. SECTION 35 . Said title is further amended by striking in its entirety Code Section 14-11-610, relating to certificates of termination, and inserting in lieu thereof the following: 14-11-610. A dissolved limited liability company shall deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth: (1) The name of the limited liability company; (2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action. SECTION 36 . Said title is further amended by striking in its entirety Code Section 14-11-1101, relating to filing fees and penalties, and inserting in lieu thereof the following:

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14-11-1101. (a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter: Document Fee (1) Articles of organization $ 75.00 (2) Articles of amendment 20.00 (3) Articles of merger 20.00 (4) Certificate of election under Code Section 14-11-212 (together with articles of organization) 95.00 (5) Application for certificate of authority to transact business 200.00 (6) Statement of commencement of winding up 20.00 (7) Certificate of termination 20.00 (8) Articles of correction 20.00 (9) Application for reservation of a name No fee (10) Statement of change of registered office or registered agent.....$5.00 per limited liability company (foreign or domestic), but not less than 20.00 (11) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703 No fee (12) Certificate of judicial dissolution No fee (13) Annual registration (foreign or domestic) 25.00 (14) Reinstatement fee 100.00 (15) Any other document required or permitted to be filed by this chapter 20.00 (b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. SECTION 37 . All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1999.

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EDUCATIONIMPROVED STUDENT LEARNING ENVIRONMENT AND DISCIPLINE; CHARACTER EDUCATION; STUDENT CODES OF CONDUCT; CLASSROOM MANAGEMENT AND STUDENT DISCIPLINE; ALTERNATIVE EDUCATION PROGRAMS. Code Title 20, Chapter 2 Amended. No. 302 (House Bill No. 605). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the Improved Student Learning Environment and Discipline Act of 1999; to provide for a short title; to require local boards of education to implement a comprehensive character education program for all grade levels and to provide opportunities for parental involvement in connection with such program; to require the Department of Education to develop character education workshops; to provide for professional development for certain teachers whose students are returned to his or her class by a placement review committee; to provide for the adoption of local board of education policies to improve student behavior and discipline, including policies regarding student codes of conduct, student support processes, progressive discipline processes, and parental involvement processes; to require the State Board of Education to establish minimum standards for such policies; to provide for the distribution and availability of student codes of conduct; to require local boards of education to provide opportunities for parental involvement in developing student codes of conduct; to provide for certain written reports by teachers of student misconduct and notices to the student's parents or guardians that must be included in local board of education policies; to provide for the authority of teachers and principals with respect to classroom management and the discipline of students, including the authority to remove a student from class, implement an alternative placement, and impose disciplinary sanctions, and for procedures relating thereto; to provide for the composition, duties, and training of placement review committees; to provide that the parents or guardians of students who are removed from class may be required to participate in conferences requested by principals; to require the Department of Education to develop certain training programs; to require local boards of education to file annual reports with the Department of Education regarding student discipline and placement actions; to require the Department of Education to conduct certain studies and report the results to the General Assembly; to repeal Code Section 20-2-751.3, relating to student codes of conduct; to provide for grants to local school systems for alternative education programs; to require local school systems to establish certain alternative education programs; to provide for criteria for the distribution of such grants and reporting; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Improved Student Learning Environment and Discipline Act of 1999. SECTION 2 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-145, relating to a comprehensive character education program, and inserting in lieu thereof a new Code Section 20-2-145, to read as follows: 20-2-145. (a) The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive character education program shall be known as the `character curriculum' and shall focus on the students' development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Local boards shall implement such a program in all grade levels at the beginning of the 2000-2001 school year and shall provide opportunities for parental involvement in establishing expected outcomes of the character education program. (b) The Department of Education shall develop character education program workshops designed for employees of local school systems. SECTION 3 . Said chapter is further amended in Code Section 20-2-210, relating to annual performance evaluations of personnel employed by local units of administration, by designating the existing language as subsection (a) and by adding at the end thereof a new subsection (b) to read as follows: (b) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher.

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SECTION 4 . Said chapter is further amended in Part 2 of Article 16, relating to the discipline of students, by adding a new subpart, to be designated as Subpart 1A, to read as follows: Subpart 1A 20-2-735. (a) No later than July 1, 2000, each local board of education shall adopt policies designed to improve the student learning environment by improving student behavior and discipline. These policies shall provide for the development of age-appropriate student codes of conduct containing standards of behavior, a student support process, a progressive discipline process, and a parental involvement process. The State Board of Education shall establish minimum standards for such local board policies. The Department of Education shall make available for utilization by each local board of education model student codes of conduct, a model student support process, a model progressive discipline process, and a model parental involvement process. (b) Student standards of behavior developed pursuant to this subpart shall be designed to create the expectation that students will behave themselves in such a way so as to facilitate a learning environment for themselves and other students, respect each other and school district employees, obey student behavior policies adopted by the local board of education, and obey student behavior rules established by individual schools. (c) Student support processes developed pursuant to this subpart shall be designed to create the expectation that the process of disciplining students will include due consideration, as appropriate in light of the severity of the behavioral problem, of student support services that may help the student address behavioral problems and that may be available through the school, the school system, other public entities, or community organizations. (d) Progressive discipline processes developed pursuant to this subpart shall be designed to create the expectation that the degree of discipline will be in proportion to the severity of the behavior leading to the discipline, that the previous discipline history of the student being disciplined and other relevant factors will be taken into account, and that all due process procedures required by federal and state law will be followed. (e) Parental involvement processes developed pursuant to this subpart shall be designed to create the expectation that parents and guardians, teachers, and school administrators will work together to improve and enhance student behavior and academic performance and will communicate

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freely their concerns about and actions in response to student behavior that detracts from the learning environment. (f) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school. 20-2-736. (a) Local boards of education shall provide for the distribution of student codes of conduct developed pursuant to Code Section 20-2-735 to each student upon enrollment. Local boards of education shall provide for the distribution of such student codes of conduct to the parents or guardians of each student through such means as may best accomplish such distribution at the local level and are appropriate in light of the grade level of the student, including distribution of student codes of conduct to students and parents or guardians jointly. Local boards of education may solicit the signatures of students and parents or guardians in acknowledgment of the receipt of such student codes of conduct, as may be suitable to the grade level of the student. In addition, student codes of conduct shall be available in each school and classroom. (b) Local boards of education shall provide for disciplinary action against students who violate student codes of conduct. (c) Local boards of education shall provide opportunities for parental involvement in developing and updating student codes of conduct. 20-2-737. (a) Local board policies adopted pursuant to Code Section 20-2-735 shall require the filing of a report by a teacher who has knowledge that a student has exhibited behavior that repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of such student's classmates to learn, where such behavior is in violation of the student code of conduct. Such report shall be filed with the principal or the principal's designee within one school day of the most recent occurrence of such behavior, shall not exceed one page, and shall describe the behavior. The principal or the principal's designee shall, within one school day after receiving such a report from a teacher, send to the student's parents or guardian a copy of the report and information regarding how the student's parents or guardians may contact the principal or the principal's designee. (b) If student support services are utilized or if disciplinary action is taken in response to such a report by the principal or the principal's designee, the principal or the principal's designee shall send written notification to the teacher and the student's parents or guardians of the

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student support services being utilized or the disciplinary action taken within one school day after such utilization or action and shall make a reasonable attempt to confirm that such written notification has been received by the student's parents or guardians. Such written notification shall include information regarding how the student's parents or guardians may contact the principal or the principal's designee. 20-2-738. (a) A teacher shall have the authority, consistent with local board policy, to manage his or her classroom, discipline students, and refer a student to the principal or the principal's designee to maintain discipline in the classroom. The principal or the principal's designee shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with local board policy. (b) On and after July 1, 2000, a teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn, where the student's behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the student's classmates or the teacher. The teacher shall file with the principal or the principal's designee a report describing the student's behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principal's designee shall, within one school day after the student's removal from class, send to the student's parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the student's parents or guardians may contact the principal or the principal's designee. (c) If a teacher removes a student from class pursuant to subsection (b) of this Code section, the principal or the principal's designee shall discuss the matter with the teacher and the student by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principal's designee shall give the student oral or written notice of the grounds for his or her removal from class and, if the student denies engaging in such conduct, the principal or the principal's designee shall explain the evidence which supports his or her removal from class and give the student an opportunity to present his or her explanation of the situation. If, after such discussions, the principal or the principal's designee seeks to return the student to the teacher's class and the teacher gives his or her consent, the student shall be returned to the class, and the principal or the principal's designee may take action to discipline the student, as may be warranted, pursuant

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to paragraph (1) of subsection (e) of this Code section. If, after such discussions, the principal or the principal's designee seeks to return the student to the teacher's class and the teacher withholds his or her consent to the student's return to his or her class, the principal or the principal's designee shall determine an appropriate temporary placement for the student by the end of the first school day following such removal and shall also take steps to convene a meeting of a placement review committee. The placement review committee shall convene by the end of the second school day following such removal by the teacher and shall issue a decision by the end of the third school day following such removal by the teacher. An appropriate temporary placement for the student shall be a placement that, in the judgment of the principal or the principal's designee, provides the least interruption to the student's education and reflects other relevant factors, including, but not limited to, the severity of the behavior that was the basis for the removal, the student's behavioral history, the student's need for support services, and the available education settings; provided, however, that the student shall not be returned to the class of the teacher who removed him or her, as an appropriate temporary placement, unless the teacher gives his or her consent. The temporary placement shall be in effect from the time of removal until the decision of the placement review committee is issued or, if applicable, a placement determination is made pursuant to paragraph (2) of subsection (e) of this Code section. (d) Local board policies adopted pursuant to Code Section 20-2-735 shall provide for the establishment at each school of one or more placement review committees, each of which is to be composed of three members, to determine the placement of a student when a teacher withholds his or her consent to the return of a student to the teacher's class. For each committee established, the faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member, and the principal shall choose one member of the professional staff of the school to serve as a member. The teacher withholding consent to readmit the student may not serve on the committee. The placement review committee shall have the authority to: (1) Return the student to the teacher's class upon determining that such placement is the best alternative or the only available alternative; or (2) Refer the student to the principal or the principal's designee for appropriate action consistent with paragraph (2) of subsection (e) of this Code section. The decision of the placement review committee shall be in writing and shall be made within three school days after the teacher withholds consent to the return of a student. Local boards of education shall provide training for members of placement review committees regarding the provisions of this subpart, including procedural requirements; local

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board policies relating to student discipline; and the student code of conduct that is applicable to the school. (e) (1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following actions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735: (A) Place the student in in-school suspension; (B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section; or (C) Make another disciplinary decision or recommendation consistent with local board policy. (2) If a placement review committee decides not to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, as follows, provided that the placement or disciplinary action is authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735: (A) Place the student into another appropriate classroom, inschool suspension, or an alternative education program; (B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section; (C) Make another placement or disciplinary decision or recommendation consistent with local board policy; or (D) Implement or recommend any appropriate combination of the above and return the student to the class from which he or she was

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removed upon the completion of any disciplinary or placement action taken pursuant to this paragraph. (f) Within one school day of taking action pursuant to subsection (e) of this Code section, the principal or the principal's designee shall send written notification of such action to the teacher and the parents or guardians of the student and shall make a reasonable attempt to confirm that such written notification has been received by the student's parents or guardians. (g) Parents or guardians of a student who has been removed from class pursuant to subsection (b) of this Code section may be required to participate in conferences that may be requested by the principal or the principal's designee; provided, however, that a student may not be penalized for the failure of his or her parent or guardian to attend such a conference. (h) The procedures contained in this Code section relating to student conferences and notification of parents or guardians are minimum requirements. Nothing in this Code section shall be construed to limit the authority of a local board of education to establish additional requirements relating to student conferences, notification of parents or guardians, conferences with parents or guardians, or other procedures required by the Constitutions of the United States or this state. 20-2-739. On and after July 1, 2000, the Department of Education shall provide training programs in conflict management and resolution and in cultural diversity for voluntary implementation by local boards of education for school employees, parents and guardians, and students. 20-2-740. (a) Each local board of education shall file an annual report, by August 1 of each year, with the Department of Education regarding disciplinary and placement actions taken during the prior school year. Such report shall classify the types of actions into the following categories: (1) Actions in which a student was assigned to in-school suspension; (2) Actions in which a student was suspended for a period of ten days or less; (3) Actions in which a student was suspended for a period of more than ten days but not beyond the current school quarter or semester; (4) Actions in which a student was expelled beyond the current school quarter or semester but not permanently expelled; (5) Actions in which a student was permanently expelled;

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(6) Actions in which a student was placed in an alternative educational setting; (7) Actions in which a student was suspended from riding the bus; (8) Actions in which corporal punishment was administered; and (9) Actions in which a student was removed from class pursuant to subsection (b) of Code Section 20-2-738. (b) For each category of disciplinary or placement action listed in paragraphs (1) through (9) of subsection (a) of this Code section, the local board shall provide the following information: the number of students subject to the type of disciplinary or placement action; the age and grade level of such students; such students' race and gender; and the number of students subject to the type of disciplinary action who were eligible for free or reduced price lunches under federal guidelines. For each action listed in paragraph (9) of subsection (a) of this Code section, the local board shall also provide information regarding the decisions of placement review committees and the disciplinary and placement decisions made by principals or their designees. The data required by this Code section shall be reported separately for each school within the local school system and collected and reported in compliance with the requirements of 20 U.S.C. Sections 1232g and 1232h. (c) The Department of Education shall conduct a study for each school year based upon the statistical data filed by local boards pursuant to this Code section for the purpose of determining trends in discipline. The department shall also utilize existing demographic data on school personnel as needed to establish trends in discipline. Nothing in this Code section shall be construed to authorize the public release of personally identifiable information regarding students or school personnel. The department shall submit a report on such study to the General Assembly by December 1, 1999, and annually thereafter. 20-2-741. (a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall send a copy of the policies adopted pursuant to Code Section 20-2-735 to the State Board of Education by July 1, 2000, and comply with the provisions of this subpart. (b) The provisions of this subpart, and policies and student codes of conduct adopted pursuant to this subpart, shall apply to students in kindergarten through grade 12. (c) Nothing in this subpart shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.

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(d) Nothing in this subpart shall be construed to affect the requirements of Subpart 2 of this part, the `Public School Disciplinary Tribunal Act,' or Subpart 3 of this part, relating to chronic disciplinary problem students. SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 20-2-751.3, relating to student codes of conduct, which reads as follows: 20-2-751.3. (a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall adopt a student code of conduct and shall send a copy of such code of conduct to the State Board of Education by August 15, 1997. (b) Local boards of education shall provide for disciplinary action against students who violate the student code of conduct. A student who violates the student code of conduct may be punished for misconduct as provided by his or her local board of education. (c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school., and inserting in lieu thereof the following: 20-2-751.3. Reserved. SECTION 6 . Said chapter is further amended by striking in its entirety Code Section 20-2-769, relating to alternative education programs, and inserting in lieu thereof a new Code Section 20-2-769 to read as follows: 20-2-769. (a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 6-12 who violate student codes of conduct adopted by local boards of education. These alternative education programs shall provide the individualized instruction, intervention strategies, and transition to other education programs these students need to become successful students and good citizens. (b) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.

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(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs. (d) The state board shall establish criteria and procedures for alternative education program grants. The amount of funds granted to any local school system shall be based upon the estimated number of students in grades 6-12 who are likely to be enrolled in the alternative education program based on eligibility criteria, consistent with this Code section, to be established by the state board. (e) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports shall include, at a minimum, a statement of: (1) The process by which the educational and behavioral program for each student has been determined, including preparation of disciplinary and behavioral correction plans for chronic disciplinary problem students; (2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations; (3) The process by which students have been returned to the regular school program and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative education program; and (4) The average daily membership and the average daily attendance records for the program. (f) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall comply with the requirements of this Code section. Nothing in this Code section shall be construed to limit the authority of a local board of education to establish or operate an alternative education program different from or in addition to the program prescribed in this Code section; provided, however, that no state funds distributed pursuant to this Code section shall be expended to operate an alternative education program which does not meet the requirements of this Code section. SECTION 7 . This Act shall become effective on July 1, 1999. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1999.

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LABOR AND INDUSTRIAL RELATIONSEMPLOYMENT SECURITY; WORKFORCE REINVESTMENT; EMPLOYER CONTRIBUTIONS; STANDARD RATES AND VARIANCES; STATE-WIDE RESERVE RATIO; ADMINISTRATIVE ASSESSMENTS; SUNSET POSTPONEMENT; WEEKLY BENEFIT AMOUNT. Code Title 34, Chapter 8 Amended. No. 303 (Senate Bill No. 222). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to enact the Workforce Reinvestment Act of 1999; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and variations from standard rate; to provide requirements for determination of variations from the standard rate of contributions on or after January 1, 2000, but on or before December 31, 2005; to provide for a tax reduction; to install trust fund safety net limitations; to change provisions relating to administrative assessments; to extend the date of automatic repeal of Article 6 of this chapter; to provide for a change in the weekly benefit amount over a three-year period; to provide for a correlation between the maximum weekly benefit amount and the State-wide Reserve Ratio; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Workforce Reinvestment Act of 1999. SECTION 2 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking in its entirety Code Section 34-8-151, relating to the rate of employer contributions, and inserting in lieu thereof the following: 34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2005, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.

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(b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (c) For periods on or after January 1, 2000, but on or before December 31, 2005, each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158, 34-8-159, 34-8-160, 34-8-161, and 34-8-162. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof the following: 34-8-155. (a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be computed based on each employer's own experience rating record as of the computation date, June 30 of each year. The computed rate shall apply to taxable wages paid during the calendar year immediately following the computation date. (b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligible for a rate computation but shall be assigned the maximum rate allowable after application of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned. (c) For the periods prior to April 1, 1987, or after December 31, 2005, variations from the standard rate of contributions shall be determined in accordance with the following requirements:

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(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.16 0.86 1.17 2.08 1.17 1.48 2.00 1.48 1.79 1.92 1.79 2.10 1.84 2.10 2.41 1.76 2.41 2.72 1.68 2.72 3.04 1.60 3.04 3.35 1.52 3.35 3.65 1.44 3.65 3.97 1.36 3.97 4.29 1.28 4.29 4.60 1.20 4.60 4.91 1.12 4.91 5.22 1.04 5.22 5.53 0.96 5.53 5.84 0.88 5.84 6.15 0.80 6.15 6.47 0.72 6.47 6.77 0.64 6.77 7.08 0.56 7.08 7.40 0.48 7.40 7.71 0.40 7.71 8.02 0.32 8.02 8.33 0.24 8.33 8.64 0.16 8.64 8.95 0.08 8.95 and over 0.04 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.2 0.5 1.5 2.4 1.5 2.5 2.6 2.5 3.5 2.8 3.5 4.5 3.0 4.5 5.5 3.2 5.5 6.5 3.4 6.5 7.5 3.6 7.5 8.5 3.8 8.5 9.5 4.0 9.5 10.5 4.2 10.5 11.5 4.4 11.5 12.5 4.6 12.5 13.5 4.8 13.5 14.5 5.0 14.5 15.5 5.2 15.5 and over 5.4 (d) For the periods on or after April 1, 1987, but on or before December 31, 1999, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will

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then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.125 0.86 1.17 2.043 1.17 1.48 1.962 1.48 1.79 1.881 1.79 2.10 1.800 2.10 2.41 1.725 2.41 2.72 1.643 2.72 3.04 1.562 3.04 3.35 1.481 3.35 3.65 1.400 3.65 3.97 1.325 3.97 4.29 1.243 4.29 4.60 1.162 4.60 4.91 1.081 4.91 5.22 1.000 5.22 5.53 0.925 5.53 5.84 0.843 5.84 6.15 0.762 6.15 6.47 0.681 6.47 6.77 0.600 6.77 7.08 0.525 7.08 7.40 0.443 7.40 7.71 0.362 7.71 8.02 0.281 8.02 8.33 0.200 8.33 8.64 0.125 8.64 8.95 0.043 8.95 and over 0.040 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll.

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The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.16 0.5 1.5 2.36 1.5 2.5 2.56 2.5 3.5 2.76 3.5 4.5 2.96 4.5 5.5 3.16 5.5 6.5 3.36 6.5 7.5 3.56 7.5 8.5 3.76 8.5 9.5 3.96 9.5 10.5 4.16 10.5 11.5 4.36 11.5 12.5 4.56 12.5 13.5 4.76 13.5 14.5 4.96 14.5 15.5 5.16 15.5 and over 5.40 (e) For the periods on or after January 1, 2000, but on or before December 31, 2005, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.

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RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.110 0.86 1.17 2.028 1.17 1.48 1.947 1.48 1.79 1.866 1.79 2.10 1.785 2.10 2.41 1.710 2.41 2.72 1.628 2.72 3.04 1.547 3.04 3.35 1.466 3.35 3.65 1.385 3.65 3.97 1.310 3.97 4.29 1.228 4.29 4.60 1.147 4.60 4.91 1.066 4.91 5.22 0.985 5.22 5.53 0.910 5.53 5.84 0.828 5.84 6.15 0.747 6.15 6.47 0.666 6.47 6.77 0.585 6.77 7.08 0.510 7.08 7.40 0.428 7.40 7.71 0.347 7.71 8.02 0.266 8.02 8.33 0.185 8.33 8.64 0.110 8.64 8.95 0.028 8.95 and over 0.025 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.

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RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.15 0.5 1.5 2.35 1.5 2.5 2.55 2.5 3.5 2.75 3.5 4.5 2.95 4.5 5.5 3.15 5.5 6.5 3.35 6.5 7.5 3.55 7.5 8.5 3.75 8.5 9.5 3.95 9.5 10.5 4.15 10.5 11.5 4.35 11.5 12.5 4.55 12.5 13.5 4.75 13.5 14.5 4.95 14.5 15.5 5.15 15.5 and over 5.40 (f) (1) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods: (A) January 1, 2000, to December 31, 2000; (B) January 1, 2001, to December 31, 2001; (C) January 1, 2002, to December 31, 2002; (D) January 1, 2003, to December 31, 2003; and (E) January 1, 2004, to December 31, 2004 shall not be imposed above the level of 1.0 percent of statutory contribution rates. (2) In addition to and not in substitution of the provisions of paragraph (4) of subsection (d) of Code Section 34-8-156, if at any time during the five-year time period commencing January 1, 2000, and ending December 31, 2004, the State-wide Reserve Ratio equals 1.25 or less, the provisions of paragraph (1) of this subsection shall become null and void and of no further purpose or effect for any subsequent time periods identified therein; and provided further, the

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Governor shall have authority to suspend by executive order any future portion of said reduction in calculated rates as provided in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following: 34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1990, but prior to January 1, 1995: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent

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(c) For the period on or after January 1, 1995, but prior to January 1, 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 50 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 50 percent (d) (1) For the period on or after January 1, 1997, but prior to January 1, 1998: (A) When the State-wide Reserve Ratio, as computed above, is 3.0 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.0 percent 3.6 percent 25 percent 3.6 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.6 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

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If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.6 percent 25 percent Under 1.8 percent 50 percent (2) For the period on or after January 1, 1998, but prior to January 1, 1999: (A) When the State-wide Reserve Ratio, as computed above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.1 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.1 percent 25 percent Under 1.8 percent 50 percent (3) For the period on or after January 1, 1999, but prior to January 1, 2000: (A) When the State-wide Reserve Ratio, as computed above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.0 percent 25 percent Under 1.8 percent 50 percent (4) For the period on or after January 1, 2000: (A) When the State-wide Reserve Ratio, as calculated above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.5 percent 1.7 percent 25 percent 1.25 percent 1.5 percent 50 percent 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent (e) (1) For any calendar year prior to January 1, 1999, with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, as computed pursuant to the provisions of this Code section, contribution

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rates shall be further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.1 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (B) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and (C) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates. (2) For any calendar year on and after January 1, 1999, with respect to which the State-wide Reserve Ratio shall equal or exceed 2.0 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.0 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (B) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and (C) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates. (f) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions.

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SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 34-8-180, relating to an administrative assessment on all wages, and inserting in lieu thereof the following: 34-8-180. (a) For the periods on or after April 1, 1987, but on or before January 1, 2000, there is created an administrative assessment of.06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the following employers: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) For the periods on or after January 1, 2000, but on or before December 31, 2005, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (c) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful. SECTION 6 . Said chapter is further amended by striking in its entirety Code Section 34-8-181, relating to an additional administrative assessment for new or newly covered employers, and inserting in lieu thereof the following: 34-8-181. (a) For the period on or after April 1, 1987, but on or before December 31, 1999, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of

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.06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. (b) For the period on or after January 1, 2000, but on or before December 31, 2005, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. SECTION 7 . Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of Article 6, and inserting in lieu thereof the following: 34-8-185. This article shall stand repealed in its entirety on December 31, 2005. SECTION 8 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to determination of the weekly benefit amount, and inserting in lieu thereof the following: (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00;

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(8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; and (9) For claims filed on or after July 1, 2001, the maximum weekly benefit amount shall not exceed $284.00. Provided, however, for the period on or after January 1, 2000, whenever the State-wide Reserve Ratio, as defined in Code Section 34-8-156, is 1.25 percent or less, no future increase in the weekly benefit amount shall be effective until the State-wide Reserve Ratio is over 1.25 percent. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. HEALTHBREAST FEEDING; AUTHORIZED LOCATIONS; EMPLOYER ACCOMMODATIONS. Code Sections 31-1-9 and 34-1-6 Enacted. No. 304 (Senate Bill No. 29). AN ACT To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for the protection of the right of a baby to breast-feed by authorizing a mother to breast-feed in any location under certain conditions; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions, relative to labor and industrial relations, so as to authorize employers to provide accommodations for certain nursing mothers; 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 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding at the end thereof a new Code Section 31-1-9 to read as follows: 31-1-9. The breast-feeding of a baby is an important and basic act of nurture to which every baby has a right and which act must be encouraged in the interests of maternal and child health and family values, and in furtherance of this right, a mother may breast-feed her baby in any location, where the mother is otherwise authorized to be, provided the mother acts in a discreet and modest way.

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SECTION 2 . Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-6 to read as follows: 34-1-6. (a) As used in this Code section, the term `employer' means any person or entity that employs one or more employees and shall include the state and its political subdivisions. (b) An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Code section if to do so would unduly disrupt the operations of the employer. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. EDUCATIONSCHOLASTIC ASSESSMENT TEST PREPARATORY COURSES. Code Section 20-2-146 Enacted. No. 305 (Senate Bill No. 32). AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to authorize implementation of a Scholastic Assessment Test preparatory course for certain public schools; to provide for elective credit for such course; to provide that the contents of such course may be prescribed by each local board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding at the end thereof a new Code Section 20-2-146 to read as follows:

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20-2-146. (a) All schools with grade ten or above may make available to eligible students a Scholastic Assessment Test preparatory course. Such course of study shall be designed to offer an opportunity for review and practice to students preparing to take the Scholastic Assessment Test. The course may be offered periodically in the manner prescribed by the local board. (b) Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such Scholastic Assessment Test preparatory course with such specific curriculum standards as it may deem appropriate. (c) For the purposes of earning Carnegie unit curriculum credits at the high school level, completion of the Scholastic Assessment Test preparatory course may be accepted by the State Board of Education for one-half unit of elective credit. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONEMERGENCY TELEPHONE NUMBER 911 SERVICES; EMERGENCY TELEPHONE SYSTEM FUND; AUTHORIZED USES. Code Section 46-5-134 Amended. No. 306 (Senate Bill No. 138). AN ACT To amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number 911 system, so as to authorize the payment from an Emergency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and the cost of supplies directly related to providing emergency 911 system services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number 911 system, is amended by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:

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(e) Money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a `911' system; (2) The rates associated with the service supplier's `911' service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency `911' system and the actual cost of training such of those employees who work as dispatchers; (4) Office supplies of the public safety answering points used directly in providing emergency `911' system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency `911' system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency `911' system services, including the cost of printing emergency `911' public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. NUISANCESFILING OF ACTIONS TO ABATE OR ENJOIN CERTAIN NUISANCES; REMEDIES FOR DRUG RELATED NUISANCES. Code Sections 41-2-2, 41-3-1.1, and 41-3-2 Amended. No. 307 (Senate Bill No. 180). AN ACT To amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide that a city or county attorney or solicitor-general

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may file an action to abate a public nuisance or a nuisance which is a place used for unlawful sexual activity or substantial drug related activity; to provide that the provisions of Code Section 41-3-1.1, relating to substantial drug related activity upon real property, are cumulative of other remedies; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by striking in its entirety Code Section 41-2-2, relating to filing petitions to abate nuisances, and inserting in lieu thereof the following: 41-2-2. Private citizens may not generally interfere to have a public nuisance abated. A complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a complaint by any private citizen specially injured. SECTION 2 . Said title is further amended in Code Section 41-3-1.1, relating to substantial drug related activity and the property owner's knowledge, by inserting a new subsection to be designated subsection (d) to read as follows: (d) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances. SECTION 3 . Said title is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances which are places used for unlawful sexual purposes or places of substantial drug related activity, and inserting in lieu thereof the following: 41-3-2. Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney, the solicitor-general, city attorney, or county attorney, or any private citizen of the county may maintain an action in the name of the state upon the relation of such attorney or private citizen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon application therefor alleging that the nuisance complained of

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exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65. SECTION 4 . This Act shall become effective July 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. HEALTHHOSPITAL AUTHORITIES; RURAL HOSPITAL AUTHORITIES ASSISTANCE ACT; GRANTS. Code Section 31-7-94.1 Enacted. No. 308 (Senate Bill No. 195). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, so as to provide for a short title and legislative intent and findings; to provide for definitions; to provide for the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain conditions and for certain purposes; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, is amended by adding after Code Section 31-7-94 a new Code section to read as follows: 31-7-94.1. (a) This Code section shall be known and may be cited as the `Rural Hospital Authorities Assistance Act.' (b) The General Assembly finds that hospital authorities are created under Code Section 31-7-72 in and for each county and municipal corporation of the state in order to promote public health goals of the state. The General Assembly further finds that many hospitals owned or operated by hospital authorities in rural counties are in desperate financial straits. In order to preserve the availability of primary health care services provided by such hospitals to residents of rural counties, the General Assembly has determined that a program of state grants is necessary and recommends funds be made available to such hospitals.

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These grants will be conditioned upon those hospitals continuing to furnish essential health care services to residents in their areas of operation as well as engaging in the long-range planning and any restructuring which may be required for those hospitals to survive by devising cost effective and efficient health care systems for meeting local health care needs. (c) As used in this Code section, the term: (1) `Hospital' means an institution which has a permit as a hospital issued under Chapter 7 of this title. (2) `Planning agency' means the Health Planning Agency created under Code Section 31-6-21. (3) `Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (4) `Rural hospital' means a hospital owned or operated by a hospital authority, which hospital has been certified by the planning agency as: (A) Being located in a rural county; (B) Participating in both Medicaid and medicare and accepting both Medicaid and Medicare patients; (C) Providing health care services to indigent patients; and (D) Maintaining a 24 hour emergency room. (d) A rural hospital may apply for a grant available under subsection (e) of this Code section if it has been certified by the planning agency as: (1) A rural hospital; (2) Having submitted a grant application which includes: (A) A problem statement indicating the problem the rural hospital proposes to solve with the grant funds; (B) The goals of the proposed solution; (C) The organizational structure, financial system, and facilities that are essential to the proposed solution; (D) The projected longevity of the proposed solution after the grant funds are expended; (E) Evidence of collaboration with other community health care providers in achieving the proposed solution; (F) Evidence that funds for the proposed solution are not available from another source;

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(G) Evidence that the grant funds would assist in returning the hospital to an economically stable condition or that any plan for closure or realignment of services involves development of innovative alternatives for the discontinued services; (H) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural county; (I) A community health survival plan describing how the plan was developed, the goals of the plan, the links with existing healthcare providers under the plan, the implementation process including quantification of indicators of the hospital's financial well-being, measurable outcome targets, and the current condition of such hospital; and (J) Such additional evidence as the planning agency may require to demonstrate the feasibility of the proposed solution for which grant funds are sought. (e) Notwithstanding the provisions of Code Section 31-7-94, the department is authorized to make grants to rural hospitals certified as meeting the requirements of subsection (d) of this Code section. Such grants may be for any of the following purposes: (1) Infrastructure development, including, without being limited to, facility renovation or equipment acquisition; provided, however, that the amount granted to any qualified hospital may not exceed the expenditure threshholds that would constitute a new institutional health service requiring a certificate of need under Chapter 6 of this title and the grant award may be conditioned upon obtaining local matching funds; (2) Strategic planning, including, without being limited to, strategies for personnel retention or recruitment, development of an emergency medical network, or the development of a collaborative and integrated health care delivery system with other health care providers, and the grant award may be conditioned upon obtaining local matching funds for items such as telemedicine, billing systems, and medical records. For the purposes of this paragraph, the maximum grant to any grantee shall be $200,000.00; or (3) Nontraditional healthcare delivery systems, excluding operational funds and purposes for which grants may be made under paragraph (1) or (2) of this subsection. For the purposes of this paragraph, the maximum grant to any grantee shall be $1.5 million. (f) In awarding grants under this Code section, the department may give priority to any otherwise eligible rural hospital which meets the definition of a `necessary provider' as specified in the state's `Rural Healthcare Plan' of May, 1998.

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(g) The department shall adopt regulations to implement its powers and duties under this Code section. The Health Planning Agency shall be authorized to certify rural hospitals as provided in subsection (d) of this Code section and shall adopt regulations to implement its powers and duties under 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 27, 1999. CRIMES AND OFFENSESPANDERING; MOTOR VEHICLES USED IN COMMISSION OF OFFENSE; FORFEITURE; PROCEDURE. Code Section 16-6-13.2 Enacted. No. 309 (Senate Bill No. 148). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles operated by a person who has been convicted of or pleaded nolo contendere to two previous violations of Code Section 16-6-12, relating to pandering, where a motor vehicle is used to violate said Code Section 16-6-12 a third time in five years, shall be contraband and shall be subject to forfeiture; to define certain terms; to provide that certain persons shall not have a property right in motor vehicles which are declared to be contraband; to provide for exceptions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of motor vehicles, rights therein, and proceeds derived therefrom; to provide procedures in connection therewith; to provide for exceptions in certain cases when the vehicle subject to forfeiture is the only family vehicle; to provide for duties and powers of sheriffs, law enforcement officers and prosecuting attorneys; to provide for service of process and notices; to provide that certain motor vehicles taken or detained are not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of motor vehicles; to provide for estimates of value; to provide for claims, hearings, and the determination of rights and interest in motor vehicles; to provide for temporary restraining orders; to provide for the sale or other disposition of

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motor vehicles interests therein; to provide for the jurisdiction and power of courts and the judges thereof; to provide that acquittal or dismissal in criminal proceedings precludes forfeiture; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding between Code Sections 16-6-13.1 and 16-6-14 a new Code Section 16-6-13.2 to read as follows: 16-6-13.2. (a) As used in this Code section, the term: (1) `Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the motor vehicle; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) `Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) `Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof. (4) `Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in a motor vehicle. (5) `Motor vehicle' or `vehicle' means any motor vehicle as defined in Code Section 40-1-1. (6) `Owner' means a person, other than an interest holder, who has an interest in a motor vehicle and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (7) `Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes

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any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought by the prosecuting attorney having jurisdiction over any offense which arose out of the same conduct which made the motor vehicle subject to forfeiture. Such prosecuting attorney may bring an action pursuant to this Code section in the superior court in the county where the motor vehicle was seized or in the county where conduct occurred which made the motor vehicle subject to forfeiture. (2) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions. (c) (1) Any motor vehicle operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of code Section 16-6-12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section, provided that said forfeiture shall not be absolute unless the defendant is convicted of said offense. (2) For the purpose of this subsection a violation of Code Section 16-6-12 involving a motor vehicle shall mean a violation of Code Section 16-6-12 in which a motor vehicle is used to violate said Code section or in which the violation occurred. (d) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that such owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know of the conduct; (2) Holds the motor vehicle jointly or in common with a person whose conduct gave rise to its forfeiture and such owner did not consent to such conduct and did not know of the conduct; (3) Does not hold the motor vehicle for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; or (4) Acquired the interest: (A) Before the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority

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to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (ii) At the time the interest was acquired, was reasonably without cause to believe that the motor vehicle was subject to forfeiture or likely to become subject to forfeiture under this Code section. (e) (1) Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the seizing law enforcement agency shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (2) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once. (f) (1) A motor vehicle which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the motor vehicle. A search warrant authorizing seizure of a motor vehicle which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the motor vehicle has been the subject of a previous final judgment of forfeiture in the courts of this state. The court may order that the motor vehicle be seized on such terms and conditions as are reasonable. (2) A motor vehicle which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the motor vehicle is subject to forfeiture under this Code section or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (g) (1) When a motor vehicle is seized pursuant to this Code section, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecuting attorney of the county where the seizure was made.

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(2) Within 30 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (1) or (m) of this Code section. (3) If the state fails to initiate forfeiture proceedings against a motor vehicle seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the motor vehicle must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the motor vehicle is being held as evidence. (h) (1) Seizure of a motor vehicle by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the motor vehicle. (2) When a motor vehicle is seized pursuant to this Code section, the prosecuting attorney, sheriff, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the motor vehicle but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (i) A motor vehicle taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecuting attorney may authorize the release of the motor vehicle if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecuting attorney. An action under this Code section may be consolidated

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with any other action or proceeding under this title relating to the same motor vehicle on motion by an interest holder and must be so consolidated on motion by the prosecuting attorney in either proceeding or action. The motor vehicle is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (j) If a motor vehicle is seized under this Code section, the prosecuting attorney may: (1) Remove the motor vehicle to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (2) Remove the motor vehicle to a storage area, within the jurisdiction of the court, for safekeeping; (3) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the motor vehicle and remove it to an appropriate location within the county where the motor vehicle was seized; or (4) Require the sheriff or chief of police of the political subdivision where the motor vehicle was seized to take custody of the motor vehicle and remove it to an appropriate location for disposition in accordance with law. (k) As soon as possible, but not more than 30 days after the seizure of a motor vehicle, the seizing law enforcement agency shall estimate the value of the motor vehicle seized. (l) If the estimated value of the motor vehicle seized is $25,000.00 or less, the prosecuting attorney may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such motor vehicle shall be posted in a prominent location in the courthouse of the county in which the motor vehicle was seized. Such notice shall include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, and the violation of law alleged; (2) A copy of the notice, which shall include a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the motor vehicle at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;

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(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecuting attorney by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the motor vehicle; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle; (E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought; (5) If a claim is filed, the prosecuting attorney shall file a complaint for forfeiture as provided in subsection (m) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the motor vehicle is forfeited to the state and the prosecuting attorney shall dispose of the motor vehicle as provided in subsection (s) of this Code section. (m) (1) When a complaint is filed pursuant to this Code section, the motor vehicle which is the subject of the action shall be named as the defendant and the action shall be in rem. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the motor vehicle with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the motor vehicle was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who was in possession of the motor vehicle at the time of seizure:

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(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4; (B) If the owner, interest holder, or person who was in possession of the motor vehicle at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the motor vehicle resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service; and (C) If a motor vehicle which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the motor vehicle. (3) An owner of or interest holder in the motor vehicle may file an answer asserting a claim against the motor vehicle in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the motor vehicle; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle; (E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the

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disposition of the seized motor vehicle as provided for in this Code section. (5) If an answer is filed, a hearing must be scheduled by the court to be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (n) No person claiming an interest in a motor vehicle subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action. (o) In conjunction with any civil or criminal action brought pursuant to this Code section: (1) The court, on application of the prosecuting attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of a motor vehicle subject to forfeiture under this Code section, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the prosecuting attorney, without notice or an opportunity for a hearing, if the prosecuting attorney demonstrates that: (A) There is probable cause to believe that the motor vehicle with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this Code section; and (B) Provision of notice would jeopardize the availability of the motor vehicle for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the motor vehicle. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of the motor vehicle through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;

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(4) If a motor vehicle is seized for forfeiture without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the motor vehicle within 30 days after notice of its seizure or actual knowledge of such seizure, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecuting attorney where the motor vehicle was seized, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the motor vehicle then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the motor vehicle, the motor vehicle must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order a motor vehicle that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the prosecuting attorney has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the motor vehicle by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (p) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere. (q) In hearings and determinations pursuant to this Code section:

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(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 together with inferences therefrom; (2) There is a rebuttable presumption that any motor vehicle of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that the person has engaged in conduct giving rise to forfeiture while using or operating said motor vehicle; (3) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, the prosecuting attorney on behalf of the state must prove that the vehicle is subject to forfeiture pursuant to subsection (c) of this Code section by a preponderance of the evidence; and (4) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, an owner of a property interest or interest holder must prove that the property is exempted from forfeiture pursuant to subsection (d) of this Code section by a preponderance of the evidence. (r) (1) Any motor vehicle declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the motor vehicle after that time. Any motor vehicle or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (d) of this Code section. (2) On entry of judgment for a person claiming an interest in the motor vehicle that is subject to proceedings to forfeit a motor vehicle under this Code section, the court shall order that the motor vehicle or interest in the motor vehicle be released or delivered promptly to that person. (s) (1) When a motor vehicle is forfeited under this Code section, the court may: (A) Order the motor vehicle to be sold, and the proceeds of such sale shall be used for payment of all expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, towing, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of a forfeited motor vehicle, after payment of the expenses, shall be expended by the local governing authority for drug treatment, rehabilitation, prevention, or education

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or any other program which responds to problems created by drug or substance abuse; or (B) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government permit the agency to retain the motor vehicle for official use in law enforcement work. (2) Where a motor vehicle is to be sold pursuant to this subsection, the court may direct that such motor vehicle be sold by: (A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such motor vehicle; or (B) Any commercially feasible means. (t) An acquittal or dismissal in a criminal proceeding shall preclude civil proceedings under this Code section. (u) For good cause shown, the court may stay civil forfeiture proceedings during the pendency of a related criminal action resulting from a violation of this chapter. (v) This Code section must be liberally construed to effectuate its remedial purposes. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. REVENUE AND TAXATIONINCOME TAXES; INTERNAL REVENUE CODE ADOPTION; JOINT RETURNS; INNOCENT SPOUSES. Code Sections 48-1-2 and 48-7-86 Amended. No. 310 (House Bill No. 56). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to define the terms Internal Revenue Code and Internal Revenue Code of 1986 and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for relief from joint and several liability on joint returns for innocent spouses; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner;

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to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1999. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1999, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. SECTION 2 . Said title is further amended by adding a new subsection at the end of Code Section 48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, to be designated subsection (g), to read as follows: (g) (1) Notwithstanding any other provision of this Code section to the contrary, if: (A) A joint return has been made for a taxable year; (B) On such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return; (C) The other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) Taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) The other individual has made the proper election pursuant to Section 6015 of the Internal Revenue Code, then the other individual shall be relieved of liability for tax, including interest, penalties, and other amounts, for such taxable year to the extent such liability is attributable to such understatement, if such

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other individual has been relieved of liability for federal income taxes pursuant to Section 6015 of the Internal Revenue Code. (2) The commissioner shall promulgate any rules and regulations necessary to implement and administer this subsection. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1999. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1999, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. GUARDIAN AND WARDGUARDIANS AD LITEM; AGENCY; GUARDIANS OF THE PROPERTY ON A WRITTEN POWER OF ATTORNEY; FINANCIAL POWER OF ATTORNEY; TEMPORARY HEALTH CARE PLACEMENT DECISION MAKER FOR AN ADULT ACT; CONSENT TO ADMISSION TO OR DISCHARGE FROM A HEALTH CARE FACILITY; PETITIONS TO PROBATE COURTS; DURABLE POWER OF ATTORNEY FOR HEALTH CARE. Code Sections 10-6-36, 10-6-141, 10-6-142, and 29-5-13 Amended. Code Title 31, Chapter 36A Enacted. No. 311 (House Bill No. 256). AN ACT To amend the law concerning guardianships and similar agencies and powers; to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to change a provision relating to compensation for guardians ad litem; to provide that the court shall fix a reasonable compensation for a guardian ad litem; to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency; to clarify that the agency created by the statutory form terminates upon the principal's death; to amend Title 31 of the Official Code of Georgia Annotated, relating to

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health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or placement for adults unable to consent; to provide a short title; to provide for legislative findings and definitions; to provide that the Act does not apply to involuntary examination and hospitalization for treatment of mental illness; to provide for a physician's certification that an adult is unable to consent; to authorize enumerated persons to consent; to provide for limitation and expiration of authorization to consent; to provide for immunity; to provide for petition to the probate court for an order authorizing transfer, admission, or discharge; to provide for the contents of the petition, venue, and jurisdiction; to provide for affidavits by a physician and designated personnel of the discharging facility or placement; to provide for orders and copies of such orders to the commissioner of human resources; to provide for expiration and limitation of such orders; to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency; to prohibit an order usurping the authority of an agent known to the proposed guardian without notice and a showing that the agent is acting in a manner inconsistent with the power of attorney; to change a provision relating to the form and content of the notice provision to the principal in the statutory health care power of attorney form; to provide that notice substantially similar to that contained in the form and a power of attorney substantially similar to the form have the same meaning and effect as prescribed in the chapter; to provide that substantially similar forms may include forms from other states; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking in its entirety subsection (f) of Code Section 29-5-13, relating to compensation and expenses for hearings, and inserting in lieu thereof the following: (f) The judge of the probate court of the county in which the hearing was held shall fix a reasonable fee for the services of the guardian ad litem. SECTION 2 . Chapter 6 of Title 10, relating to agency, is amended by striking in its entirety Code Section 10-6-36, relating to the effect of a principal's incompetency on a power of attorney, and inserting in its place the following:

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10-6-36. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power. SECTION 3 . Said chapter is further amended by striking in its entirety Section 10-6-141, relating to the explanation for principals of the statutory form for power of attorney, and inserting in its place the following: 10-6-141. The following explanation for principals may be used with the Georgia Statutory Form for Financial Power of Attorney: EXPLANATION FOR PRINCIPALS WHAT IS A FINANCIAL POWER OF ATTORNEY? This document is called a `Financial Power of Attorney.' It allows you to name one or more persons to help you handle your financial affairs. Depending on your individual circumstances, you can give this person or persons complete or limited power to act on your behalf. This document does not give someone the power to make medical decisions or personal decisions for you. WHAT CAN MY AGENT DO? The `Agent' is the person you give power to handle your financial affairs. The `Principal' is you. Your decision to use this document is a very important one and you should think carefully about what financial decisions you want your Agent to make for you. With this document, you can give your Agent the right to make all financial decisions or only certain, limited decisions. For example, you can allow your Agent to handle all your financial affairs, including the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your stock, investments, or personal items, or you can allow your Agent to handle only certain or specific financial affairs such as to pay your monthly bills. DO I GIVE ALL MY POWERS AWAY? No. Even with this document, you can still handle your own financial affairs as long as you choose to or are able to.

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You need to talk to your Agent often about what you want and what he or she is doing for you using the document. If your Agent is not following your instructions or doing what you want, you may cancel or revoke the document and end your Agent's power to act for you. HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY? You may revoke your financial power of attorney by writing a signed and dated revocation of power of attorney and giving it to your Agent. You should also give it to anyone who has been relying upon the financial power of attorney and dealing with your Agent, such as your bank and investment institutions. Unless you notify all parties dealing with your Agent of your revocation, they may continue to deal with your Agent. You should contact a lawyer if your Agent continues to act after you have revoked the power of attorney. WHEN DOES MY AGENT'S AUTHORITY END? As long as you are living, the financial power of attorney will remain in effect even if you become incapacitated or unable to communicate your wishes unless: (1) A guardian is appointed for your property; or (2) You include a date or specific occurrence when you want your document to be canceled. However, upon your death or the death of your Agent or successor Agents, the document will be canceled and the Agent's power to act for you will end. You can also include a date or a specific occurrence like your incapacity or illness as the time when you want your document to be canceled and your Agent's power to act for you to end. WHEN DO THE POWERS TAKE EFFECT? Depending on your circumstances, you may wish to specify an occurrence or a future date for the document to become effective. Unless you do so, it becomes effective immediately. MUST MY AGENT DO THOSE THINGS I AUTHORIZE? No. But if your Agent accepts this responsibility and agrees to act for you, he or she is required to sign and date the `Acceptance of Appointment' contained in the financial power of attorney form. HOW DO I COMPLETE THIS DOCUMENT? Both the Principal and the Agent should read the full document carefully before initialing or signing. The Principal and the Agent

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should fully understand what powers are being granted to the Agent and what restrictions, if any, exist. Read each paragraph carefully. If you decide to give your Agent the power described in the paragraph, initial your name at the end of the paragraph. If you do not wish to give your Agent the power described in a paragraph, strike through and initial the paragraph or any line within a paragraph. HOW DO I EXECUTE THE DOCUMENT? Two adult witnesses must watch you sign your name on the document. At least one witness cannot be the Principal's spouse or blood relative. After they witness you signing your name, the witnesses must sign their names. This document does not need to be notarized unless real property transactions such as leasing, selling, or mortgaging of property are authorized. THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL. Do not let anyone pressure you into making a financial power of attorney, naming an Agent, or granting a power unless it is your choice. If you do not understand any portion of this document, you should ask a lawyer to explain it to you. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 10-6-142, relating to the statutory form for financial power of attorney, and inserting in its place a new Code section to read as follows: 10-6-142. The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows: FINANCIAL POWER OF ATTORNEY County of State of Georgia I,, (hereinafter `Principal'), a resident ofCounty, Georgia, do hereby constitute and appointmy true and lawful attorney-in-fact (hereinafter `Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself,

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could do if I were personally present with respect to the following matters: (Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line. The powers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. 2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt. 4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and

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under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper. 5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me. 6. Safe Deposits: To have free access at any time or times to any safe deposit box or vault to which I might have access. 7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. 8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. 9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. 10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. 11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and

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others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper. 12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. 13. Board Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. 14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional. The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency: Note: The Principal may choose to designate one or more persons to determine conclusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional. The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred:

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It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. However, I understand that it shall be revoked and the Agent's power canceled in the event a guardian is appointed for my property. As long as no such guardian is appointed, any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability, incapacity, or mental incompetence shall have the same force and effect as if I were not disabled, incapacitated, or mentally incompetent. I may, at any time, revoke this power of attorney, and it shall be canceled by my death. Otherwise, unless a guardian is appointed for my property, this power of attorney shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to my death. I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney. All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney. This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first. Compensation of Agent. (Directions: Initial the line following your choice.) 1. My Agent shall receive no compensation for services rendered. 2. My Agent shall receive reasonable compensation for services rendered. 3. My Agent shall receive $for services rendered. IN WITNESS WHEREOF, I have hereunto set my hand and seal on thisday of,.

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Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions. I, , a Notary Public, do hereby certify that personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney. State of Georgia County of ACCEPTANCE OF APPOINTMENT I,(print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for(name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following: I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal. I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title. I must protect, conserve, and exercise prudence and caution in my dealings with the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such

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acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal. I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal. I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability. Dated:,. (Signature) (Address) Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions. I, , a Notary public, do hereby certify that personally appeared before this date and acknowledge the due execution of the foregoing Acceptance of Appointment. SECTION 5 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new chapter to be designated Chapter 36A to read as follows: CHAPTER 36A 31-36A-1. This chapter shall be known and may be cited as the `Temporary Health Care Placement Decision Maker for an Adult Act.' 31-36A-2. (a) The General Assembly recognizes that there may be occasions when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. Under these circumstances, the General Assembly further recognizes that it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.

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(b) In recognition of the findings in subsection (a) of this Code section, the General Assembly declares that the laws of the State of Georgia shall provide for the most appropriate placement available for these individuals and shall declare an order of priority for those persons who may make the decision to transfer, admit, or discharge such adults at the appointed times and a procedure for obtaining authorization from the court in the absence of a person authorized to consent. 31-36A-3. As used in this chapter, the term: (1) `Absence of a person authorized to consent' means that: (A) After diligent efforts for a reasonable period of time, no person authorized to consent under the provisions of Code Section 31-36A-6 has been located; or (B) All such authorized persons located have affirmatively waived their authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by an authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority. (2) `Unable to consent' means that an adult is unable to: (A) Make rational and competent decisions regarding his or her placement options for health or personal care; or (B) Communicate such decisions by any means. 31-36A-4. This chapter shall not apply to involuntary examination and hospitalization for treatment of mental illness, which shall continue to be governed by Title 37. 31-36A-5. An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult's medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician's belief that it is in the adult's best interest to be discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition and to be transferred to or admitted to an alternative facility or placement, including, but not

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limited to, nursing facilities, personal care homes, rehabilitation facilities, and home and community based programs. 31-36A-6. (a) Upon a physician's certification pursuant to Code Section 31-36A-5, and in addition to such other persons as may be otherwise authorized and empowered, any one of the following persons is authorized and empowered to consent, in the priority order listed below, either orally or otherwise, to such transfer, admission, or discharge: (1) Any adult, for himself or herself; (2) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of this title, the `Durable Power of Attorney for Health Care Act'; (3) Any guardian of the person for his or her ward; (4) Any spouse for his or her spouse; (5) Any adult child for such person's parent; (6) Any parent for such person's adult child; (7) Any adult for such person's adult brother or sister; (8) Any grandparent for such person's adult grandchild; (9) Any adult grandchild for such person's grandparent; (10) Any adult uncle or aunt for such person's adult nephew or niece; or (11) Any adult nephew or niece for such person's adult uncle or aunt. (b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to a transfer, admission, or discharge which the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered or, if the patient's preferences are unknown, which such person believes the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered. The current health care facility's discharge planner, social worker, or other designated personnel shall assist the person authorized to consent under subsection (a) of this Code section with identifying the most appropriate, least restrictive level of care available, including home and community based services and available placements, if any, in reasonable proximity to the patient's residence. (c) The authorization to consent to such transfer, admission, or discharge shall expire upon the earliest of the following:

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(1) The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to, assisting with applications for financial coverage and insurance benefits for health or personal care; (2) Upon a physician's certification that the adult is able to consent to decisions regarding his or her placements for health or personal care; or (3) Upon discovery that another person authorized under subsection (a) of this Code section of a higher priority is available who has not affirmatively waived his or her authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by such authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority. (d) The authorization to give consent for transfer, admission, or discharge is limited solely to said transfer, admission, or discharge decision and responsibilities associated with such decision, including providing assistance with financial assistance applications. It does not include the power or authority to perform any other acts on behalf of the adult not expressly authorized in this Code section. (e) This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a health care facility or placement. Further, the adult retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge. (f) Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct. 31-36A-7. (a) In the absence of a person authorized to consent under the provisions of Code Section 31-36A-6, any interested person or persons, including, but not limited to, any authority, corporation, partnership, or other entity operating the health care facility where the adult who is unable to consent is then present, with or without the assistance of legal counsel, may petition the probate court for a health care placement transfer, admission, or discharge order. The petition must be verified and filed in the county where the adult requiring an alternative placement or transfer, admission, or discharge resides or is found, provided that the probate court of the county where the adult is found shall not have jurisdiction to grant the order if it appears that the adult

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was removed to that county solely for purposes of filing such a petition. The petition shall set forth: (1) The name, age, address, and county of the residence of the adult, if known; (2) The name, address, and county of residence of the petitioner; (3) The relationship of the petitioner to the adult; (4) The current location of the adult; (5) A physician's certification pursuant to Code Section 31-36A-5; (6) The absence of any person to consent to such transfer, admission, or discharge as authorized by the provisions of Code Section 31-36A-6; (7) Name and address of the recommended alternative health care facility or placement; and (8) A statement of the reasons for such transfer, admission, or discharge as required by subsections (b) and (c) of this Code section. (b) The petition shall be supported by the affidavit of an attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, attesting the following: (1) The adult is unable to consent for himself or herself; (2) It is the physician's belief that it is in the adult's best interest to be admitted to or discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition or to be transferred to an alternative facility or placement, including, but not limited to, nursing facilities, personal care homes, rehabilitation facilities, and home and community based programs; and (3) The identified type of health care facility or placement will provide the adult with the recommended services to meet the needs of the adult and is the most appropriate, least restrictive level of care available. (c) The petition shall also be supported by the affidavit of the discharging health care facility's discharge planner, social worker, or other designated personnel attesting to and explaining the following: (1) There is an absence of a person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6; (2) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care and reasons therefor; and

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(3) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, that were in reasonable proximity to the adult's residence. (d) The court shall review the petition and accompanying affidavits and other information to determine if all the necessary information is provided to the court as required in subsections (a), (b), and (c) of this Code section. The court shall enter an instanter order if the following information is provided: (1) The adult is unable to consent for himself or herself; (2) There is an absence of any person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6; (3) It is in the adult's best interest to be discharged from a hospital, institution, medical center, or other health care institution or placement providing health or personal care for treatment for any type of physical or mental condition and to be admitted or transferred to an alternative facility or placement; (4) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care; and (5) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, in reasonable proximity to the adult's residence. The order shall authorize the petitioner or the petitioner's designee to do all things necessary to accomplish the discharge from a hospital, institution, medical center, or other health care institution and the transfer to or admission to the recommended facility or placement. (e) At the same time as issuing the order, the court shall provide a copy of said order to the commissioner of human resources. (f) The order authorizing such transfer, admission, or discharge shall expire upon the earliest of the following: (1) The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to, assisting with the completion of applications for financial coverage and insurance benefits for the health or personal care; (2) Upon a physician's certification that the adult is able to understand and make decisions regarding his or her placements for health or personal care and can communicate such decisions by any means; or (3) At a time specified by the court not to exceed 30 days from the date of the order.

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(g) The order is limited to authorizing the transfer, admission, or discharge and other responsibilities associated with such decision, such as authorizing the application for financial coverage and insurance benefits. It does not include the authority to perform any other acts on behalf of the adult not expressly authorized in this Code section. (h) This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a health care facility or placement. Further, such person retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge. (i) Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct. SECTION 6 . Said title is further amended by striking in its entirety subsection (c) of Code Section 31-36-6, relating to revocation or amendment of the agency, and inserting in its place the following: (c) A health care agency which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the principal under a health care agency that survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any health care matters covered by the agency; provided, however, that no order usurping the authority of an agent known to the proposed guardian shall be entered unless there is notice to said agent by first class mail to the agent's last known address and it is shown by clear and convincing evidence that the agent is acting in a manner inconsistent with the power of attorney. SECTION 7 . Said title is further amended in Code Section 31-36-10, relating to the form of a power of attorney for health care and powers authorized, by striking subsection (a) in its entirety, and inserting in its place the following: (a) The statutory health care power of attorney form contained in this subsection may be used to grant an agent powers with respect to the principal's own health care; but the statutory health care power is not intended to be exclusive or to cover delegation of a parent's power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different

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form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attorney in substantially the following form is used, and notice substantially similar to that contained in the form below has been provided to the patient, it shall have the same meaning and effect as prescribed in this chapter. Substantially similar forms may include forms from other states. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters: `GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE, CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME, OR OTHER INSTITUTION; BUT NOT INCLUDING PSYCHOSURGERY, STERILIZATION, OR INVOLUNTARY HOSPITALIZATION OR TREATMENT COVERED BY TITLE 37 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT, WHEN A POWER IS EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME COAGENTS AND SUCCESSOR AGENTS UNDER THIS FORM, BUT YOU MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY BE DIRECTLY OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE TO YOU UNDER THIS POWER. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW OR UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS, AND THE PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE FULLYIN CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE.

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IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. DURABLE POWER OF ATTORNEY made thisday of,. 1. I, as my attorney in fact (my agent) to act for me and in my name in any way I could act in person to make any and all decisions for me concerning my personal care, medical treatment, hospitalization, and health care and to require, withhold, or withdraw any type of medical treatment or procedure, even though my death may ensue. My agent shall have the same access to my medical records that I have, including the right to disclose the contents to others. My agent shall also have full power to make a disposition of any part or all of my body for medical purposes, authorize an autopsy of my body, and direct the disposition of my remains. THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF NOURISHMENT AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS. 2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations you deem appropriate, such as your own definition of when life-sustaining or death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or instructions to refuse any specific types of treatment that are inconsistent with your religious beliefs or unacceptable to you for any other reason, such as blood transfusion, electroconvulsive therapy, or amputation):

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THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAYINITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE: I do not want my life to be prolonged nor do I want life-sustaining or death-delaying treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment. Initialed I want my life to be prolonged and I want life-sustaining or death-delaying treatment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued. Initialed I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery, or the cost of the procedures. Initialed THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CONTINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT, AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING:

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3. () This power of attorney shall become effective on(insert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect). 4. () This power of attorney shall terminate on(insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death). IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH: 5. If any agent named by me shall die, become legally disabled, incapacitated, or incompetent, or resign, refuse to act, or be unavailable, I name the following (each to act successively in the order named) as successors to such agent: IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PERSON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON NAMED IN THIS FORM AS YOUR AGENT. 6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian: 7. I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent. The principal has had an opportunity to read the above form and has signed the above form in our presence. We, the undersigned, each being over 18 years of age, witness the principal's signature at the request and in the presence of the principal, and in the presence of each other, on the day and year above set out.

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YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMENT SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999.

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COURTSJUVENILE COURTS; MENTAL COMPETENCY; PROCEEDINGS; STAYS; REPORTS; HEARINGS; COMMITMENT; JURISDICTION. Code Title 15, Chapter 11, Article 4 Enacted. No. 312 (House Bill No. 417). 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 legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be mentally competent; to provide for evaluations and reports; to provide for inadmissibility of certain statements and information; to provide for mental competency hearings and notice and proceedings relating thereto; to provide for resumption of other juvenile proceedings; to prohibit certain actions regarding children determined not to be mentally competent; to provide for transfers of proceedings and for jurisdiction; to provide for plan managers, mental competency plans, and meetings thereon; to provide for disposition, review, and other hearings and notices and orders relating thereto; to provide for commitment of the child to certain agencies; to provide for continuing jurisdiction over children determined not to be mentally competent; to provide for referrals; 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 a new article to read as follows: ARTICLE 4 15-11-150. (a) The purpose of this article is to: (1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and (2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court. (b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-5.1.

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15-11-151. As used in this article, the term: (1) `Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent by the court, and has charges pending which have not been dismissed by the court. (2) `Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters. (3) `Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court. (4) `Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter. (5) `Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter. (6) `Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records. (7) `Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. 15-11-152. (a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the

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petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the basis for questioning the child's mental competency concerns a problem with intellectual functioning, mental retardation, or a learning disability, the qualified examiner must be a licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following: (1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case; (6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; and

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(7) An opinion regarding whether or not the child should be considered mentally competent. (d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the evaluation report shall also include the following: (1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future; (2) Recommendations for the general level and type of remediation necessary for significant deficits; and (3) Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources. (h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceedings provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief. 15-11-153. (a) A hearing of mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days' prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days' prior written notice of the hearing shall be served on the district attorney, for all mental competency proceedings in which the district attorney, or a member of the district attorney's staff, may participate. The hearing may be continued by the court for good cause shown.

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(b) At the hearing of mental competency, the attorney representing the child and the attorney representing the state shall have the right to: (1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state. (c) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. (d) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (e) If the court finds that the child is not mentally competent, the child may be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. 15-11-154. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceedings to the county of the child's residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant

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to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court. (b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following: (1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration; (2) An outline of the specific provisions for supervision of the child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services achievable within the limits of current resources; and (4) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan. The court in its discretion may grant the plan manager an extension in filing the mental competency plan. (c) (1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting: (A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; and (G) A representative from the child's school. (2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following: (A) A representative from the division of public health;

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(B) A child protective services worker; (C) Representatives of the public and private resources to be utilized in the plan; and (D) Any family member of the child who has shown an interest and involvement in the child's well-being. (3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting. 15-11-155. (a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing. (b) The persons required to be notified of the mental competency hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency. (d) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan.

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The court may issue an appropriate order incorporating an amended mental competency plan. (e) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent. (f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (g) (1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (m) of Code Section 15-11-41. (2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court. (h) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-154, and this Code section and shall enter findings of fact as to the child's mental competency.

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(i) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; SUSPENSION OR REVOCATION; POINTS; CHILD SAFETY RESTRAINTS. Code Section 40-5-57 Amended. No. 313 (House Bill No. 444). AN ACT To amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, is amended by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following: (c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Reckless driving 4 points Unlawful passing of a school bus 6 points Improper passing on a hill or a curve 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points Exceeding the speed limit by 34 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points Too fast for conditions 0 points Possessing an open container of an alcoholic beverage while driving 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident 2 points Violation of child safety restraint requirements, first offense 1 point Violation of child safety restraint requirements, second or subsequent offense 2 points All other moving traffic violations which are not speed limit violations 3 points SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. EVIDENCEPRIVILEGED MEDICAL INFORMATION; RAW DATA USED IN RESEARCH; DISCOVERY AND ADMISSIBILITY. Code Section 24-9-40.2 Enacted. No. 314 (House Bill No. 560). AN ACT To amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in research in civil, criminal, and administrative proceedings; to provide for the circumstances under which raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding; to provide for an exception; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by adding immediately following Code Section 24-9-40.1 a new Code section, to be designated as Code Section 24-9-40.2, to read as follows: 24-9-40.2. (a) The General Assembly finds and declares that protecting the confidentiality of research data is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research data has more than local signigicance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state. (b) As used in this Code section, the term `confidential raw research data' means medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which is gathered by or provided to a researcher: (1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and (2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results. The term does not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study. (c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any administrative, civil, criminal, or other judicial proceeding in any court except as otherwise provided in subsection (d) of this Code section. (d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding as follows: (1) Confidential raw research data related to a person may be disclosed to that person or to another person on such person's behalf where the authority is otherwise specifically provided by law;

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(2) Confidential raw research data related to a person may be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant; (3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if those data are required by law or regulation to be reported to that agency or department; (4) Confidential raw research data may be disclosed to a research sponsor, as well as to persons selected to perform peer review on the research, for the purpose of reviewing the researcher's study methodology, summaries, findings, analyses, or conclusions; provided, however, that the identity of any research participant shall not be disclosed; (5) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, including but not limited to any judicial or quasi-judicial proceeding in which a research participant places his or her care, treatment, injuries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or quasi-judicial proceeding shall not be disclosed, unless the researcher or sponsor is a defendant in the case; (6) Confidential raw research data may be disclosed in any proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to the proceeding; and (7) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relavant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data and admit confidential raw research data into evidence if the data are material to the defense. (e) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999.

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LABOR AND INDUSTRIAL RELATIONSPROFESSIONAL EMPLOYER ORGANIZATIONS; COEMPLOYERS AND EMPLOYEES; RIGHTS; POWERS; RESPONSIBILITIES. Code Section 34-7-6 Enacted. No. 315 (House Bill No. 561). AN ACT To amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to master and servant generally, so as to provide a definition; to provide for professional employer organizations and their relationships with coemployers and employees; to provide for the rights, powers, and responsibilities of professional employer organizations; 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 34 of the Official Code of Georgia Annotated, relating to master and servant generally, is amended by adding at the end thereof a new Code Section 34-7-6 to read as follows: 34-7-6. (a) As used in this Code section, the term `professional employer organization' means an employee leasing company as defined in Code Section 34-8-32 that has established a coemployment relationship with another employer, pays the wages of the employees of the coemployer, reserves a right of direction and control over the employees of the coemployer, and assumes responsibility for the withholding and payment of payroll taxes of the coemployer. (b) A professional employer organization may collect information to evaluate costs; may obtain life, accident and sickness, disability income, workers' compensation, and other types of insurance coverage; may establish retirement plans; may have other types of employee benefits; and may discuss such benefits with prospective coemployers and their employees. (c) A coemployer of a professional employer organization shall retain sufficient direction and control over the employees involved in a coemployment relationship as is necessary to conduct its business operations and fulfill its obligations to such employees. Unless otherwise agreed in writing, such coemployer shall be considered to be the sole employer of such employees for licensing purposes, provided that nothing contained in this Code section shall be deemed to prohibit a professional employer organization and its coemployer from agreeing that the professional employer organization shall be considered to be an

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employer for licensing purposes. The professional employer organization shall give written notice of such an agreement to the appropriate licensing agency and to the employees involved. (d) It is the intent of this Code section that professional employer organizations shall be considered to be employers under this title and are required to comply with the provisions of Code Sections 34-8-32, 34-8-34, and 34-8-172. Professional employer organizations and their coemployer clients are entitled to exclusive remedy under Code Section 34-9-11. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. DOMESTIC RELATIONSSTATE CHILDREN'S TRUST FUND; SUNSET POSTPONED. Ga. L. 1987, p. 1133, as amended, Amended. No. 316 (House Bill No. 713). AN ACT To amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved March 29, 1994 (Ga. L. 1994, p. 509), so as to change the date of repeal of such Act; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved March 29, 1994 (Ga. L. 1994, p. 509), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. This Act shall be repealed in its entirety effective July 1, 2010. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999.

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LABOR AND INDUSTRIAL RELATIONSEMPLOYMENT SECURITY; WORKFORCE REINVESTMENT; EMPLOYER CONTRIBUTIONS; STANDARD RATES AND VARIATIONS; STATE-WIDE RESERVE RATIO; ADMINISTRATIVE ASSESSMENTS; SUNSET POSTPONEMENT; WEEKLY BENEFIT AMOUNT. Code Title 34, Chapter 8 Amended. No. 317 (House Bill No. 779). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to enact the Workforce Reinvestment Act of 1999; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and variations from standard rate; to provide requirements for determination of variations from the standard rate of contributions on or after January 1, 2000, but on or before December 31, 2005; to provide for a tax reduction; to install trust fund safety net limitations; to change provisions relating to administrative assessments; to extend the date of automatic repeal of Article 6 of this chapter; to provide for a change in the weekly benefit amount over a three-year period; to provide for a correlation between the maximum weekly benefit amount and the State-wide Reserve Ratio; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Workforce Reinvestment Act of 1999. SECTION 2 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking in its entirety Code Section 34-8-151, relating to the rate of employer contributions, and inserting in lieu thereof the following: 34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2005, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.

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(b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (c) For periods on or after January 1, 2000, but on or before December 31,2005, each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158, 34-8-159, 34-8-160, 34-8-161, and 34-8-162. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof the following: 34-8-155. (a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be computed based on each employer's own experience rating record as of the computation date, June 30 of each year. The computed rate shall apply to taxable wages paid during the calendar year immediately following the computation date. (b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligible for a rate computation but shall be assigned the maximum rate allowable after application of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned. (c) For the periods prior to April 1, 1987, or after December 31, 2005, variations from the standard rate of contributions shall be determined in accordance with the following requirements:

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(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.16 0.86 1.17 2.08 1.17 1.48 2.00 1.48 1.79 1.92 1.79 2.10 1.84 2.10 2.41 1.76 2.41 2.72 1.68 2.72 3.04 1.60 3.04 3.35 1.52 3.35 3.65 1.44 3.65 3.97 1.36 3.97 4.29 1.28 4.29 4.60 1.20 4.60 4.91 1.12 4.91 5.22 1.04 5.22 5.53 0.96 5.53 5.84 0.88 5.84 6.15 0.80 6.15 6.47 0.72 6.47 6.77 0.64 6.77 7.08 0.56 7.08 7.40 0.48 7.40 7.71 0.40 7.71 8.02 0.32 8.02 8.33 0.24 8.33 8.64 0.16 8.64 8.95 0.08 8.95 and over 0.04 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.2 0.5 1.5 2.4 1.5 2.5 2.6 2.5 3.5 2.8 3.5 4.5 3.0 4.5 5.5 3.2 5.5 6.5 3.4 6.5 7.5 3.6 7.5 8.5 3.8 8.5 9.5 4.0 9.5 10.5 4.2 10.5 11.5 4.4 11.5 12.5 4.6 12.5 13.5 4.8 13.5 14.5 5.0 14.5 15.5 5.2 15.5 and over 5.4 (d) For the periods on or after April 1, 1987, but on or before December 31, 1999, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will

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then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.125 0.86 1.17 2.043 1.17 1.48 1.962 1.48 1.79 1.881 1.79 2.10 1.800 2.10 2.41 1.725 2.41 2.72 1.643 2.72 3.04 1.562 3.04 3.35 1.481 3.35 3.65 1.400 3.65 3.97 1.325 3.97 4.29 1.243 4.29 4.60 1.162 4.60 4.91 1.081 4.91 5.22 1.000 5.22 5.53 0.925 5.53 5.84 0.843 5.84 6.15 0.762 6.15 6.47 0.681 6.47 6.77 0.600 6.77 7.08 0.525 7.08 7.40 0.443 7.40 7.71 0.362 7.71 8.02 0.281 8.02 8.33 0.200 8.33 8.64 0.125 8.64 8.95 0.043 8.95 and over 0.040 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll.

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The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.16 0.5 1.5 2.36 1.5 2.5 2.56 2.5 3.5 2.76 3.5 4.5 2.96 4.5 5.5 3.16 5.5 6.5 3.36 6.5 7.5 3.56 7.5 8.5 3.76 8.5 9.5 3.96 9.5 10.5 4.16 10.5 11.5 4.36 11.5 12.5 4.56 12.5 13.5 4.76 13.5 14.5 4.96 14.5 15.5 5.16 15.5 and over 5.40 (e) For the periods on or after January 1, 2000, but on or before December 31, 2005, variations from the standard rate of contributions shall be determined in accordance witht the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.

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RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.110 0.86 1.17 2.028 1.17 1.48 1.947 1.48 1.79 1.866 1.79 2.10 1.785 2.10 2.41 1.710 2.41 2.72 1.628 2.72 3.04 1.547 3.04 3.35 1.466 3.35 3.65 1.385 3.65 3.97 1.310 3.97 4.29 1.228 4.29 4.60 1.147 4.60 4.91 1.066 4.91 5.22 0.985 5.22 5.53 0.910 5.53 5.84 0.828 5.84 6.15 0.747 6.15 6.47 0.666 6.47 6.77 0.585 6.77 7.08 0.510 7.08 7.40 0.428 7.40 7.71 0.347 7.71 8.02 0.266 8.02 8.33 0.185 8.33 8.64 0.110 8.64 8.95 0.028 8.95 and over 0.025 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.

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RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.15 0.5 1.5 2.35 1.5 2.5 2.55 2.5 3.5 2.75 3.5 4.5 2.95 4.5 5.5 3.15 5.5 6.5 3.35 6.5 7.5 3.55 7.5 8.5 3.75 8.5 9.5 3.95 9.5 10.5 4.15 10.5 11.5 4.35 11.5 12.5 4.55 12.5 13.5 4.75 13.5 14.5 4.95 14.5 15.5 5.15 15.5 and over 5.40 (f) (1) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods: (A) January 1, 2000, to December 31, 2000; (B) January 1, 2001, to December 31, 2001; (C) January 1, 2002, to December 31, 2002; (D) January 1, 2003, to December 31, 2003; and (E) January 1, 2004, to December 31, 2004 shall not be imposed above the level of 1.0 percent of statutory contribution rates. (2) In addition to and not in substitution of the provisions of paragraph (4) of subsection (d) of Code Section 34-8-156, if at any time during the five-year time period commencing January 1, 2000, and ending December 31, 2004, the State-wide Reserve Ratio equals 1.25 or less, the provisions of paragraph (1) of this subsection shall become null and void and of no further purpose or effect for any subsequent time periods identified therein; and provided further, the

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Governor shall have authority to suspend by executive order any future portion of said reduction in calculated rates as provided in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following: 34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1990, but prior to January 1, 1995: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent

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(c) For the period on or after January 1, 1995, but prior to January 1, 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 50 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 50 percent (d) (1) For the period on or after January 1, 1997, but prior to January 1, 1998: (A) When the State-wide Reserve Ratio, as computed above, is 3.0 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.0 percent 3.6 percent 25 percent 3.6 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.6 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

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If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.1 percent 25 percent Under 1.8 percent 50 percent (3) For the period on or after January 1, 1999, but prior to January 1, 2000: (A) When the State-wide Reserve Ratio, as computed above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table:

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If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.0 percent 25 percent Under 1.8 percent 50 percent (4) For the period on or after January 1, 2000: (A) When the State-wide Reserve Ratio, as calculated above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.5 percent 1.7 percent 25 percent 1.25 percent 1.5 percent 50 percent 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent (e) (1) for any calendar year prior to January 1, 1999, with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.1 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (B) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and (C) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates. (2) For any calendar year on and after January 1, 1999, with respect to which the State-wide Reserve Ratio shall equal or exceed 2.0 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.0 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (B) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and (C) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates.

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(f) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 34-8-180, relating to an administrative assessment on all wages, and inserting in lieu thereof the following: 34-8-180. (a) For the periods on or after April 1, 1987, but on or before January 1, 2000, there is created an administrative assessment of.06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the following employers: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) For the periods on or after January 1, 2000, but on or before December 31, 2005, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (c) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful. SECTION 6 . Said chapter is further amended by striking in its entirety Code Section 34-8-181, relating to an additional administrative assessment for new or newly covered employers, and inserting in lieu thereof the following:

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34-8-181. (a) For the period on or after April 1, 1987, but on or before December 31, 1999, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of.06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. (b) For the period on or after January 1, 2000, but on or before December 31, 2005, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. SECTION 7 . Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of Article 6, and inserting in lieu thereof the following: 34-8-185. This article shall stand repealed in its entirety on December 31, 2005. SECTION 8 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to determination of the weekly benefit amount, and inserting in lieu thereof the following: (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00;

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(7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; and (9) For claims filed on or after July 1, 2001, the maximum weekly benefit amount shall not exceed $284.00. Provided, however, for the period on or after January 1, 2000, whenever the State-wide Reserve Ratio, as defined in Code Section 34-8-156, is 1.25 percent or less, no future increase in the weekly benefit amount shall be effective until the State-wide Reserve Ratio is over 1.25 percent. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. INSURANCEANNUITY CONTRACTS; STANDARD PROVISIONS; CLAIMS PAYMENT. Code Sections 33-28-2 and 33-28-3 Amended. No. 318 (House Bill No. 788). AN ACT To amend Chapter 28 of Title 33 of the Official Code of Georgia Annotated, relating to annuity and pure endowment contracts, so as to change certain provisions relating to standard provisions for annuity contracts; to change certain provisions relating to standard nonforfeiture provisions for individual deferred annuities; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 28 of Title 33 of the Official Code of Georgia Annotated, relating to annuity and pure endowment contracts, is amended by adding to subsection (b) of Code Section 33-28-2, relating to standard provisions for annuity contracts, a new paragraph (8) to read as follows: (8) Payment of certain claims. For any cash refund annuity, refund annuity, or any other annuity which provides for a lump sum settlement upon the death of the annuitant, a provision that interest shall be payable on the amount of such lump sum settlement in the same manner, at the same rate, and subject to the same conditions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an individual policy of life insurance.

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SECTION 2 . Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Section 33-28-3, relating to standard nonforfeiture provisions for individual deferred annuities, and inserting in lieu thereof the following: (2) If a contract provides for a lump sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in subsections (e) through (h) and (j) of this Code section and that interest shall be payable on such amount in the same manner, at the same rate, and subject to the same conditions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an individual policy of life insurance; SECTION 3 . This Act shall apply to contracts issued, delivered, or issued for delivery on or after the date this Act becomes effective. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. HEALTHBLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM; VOLUNTARY CONTRIBUTIONS CONCURRENT WITH DRIVER'S LICENSE ISSUANCE OR RENEWAL. Code Section 31-1-23 Enacted. Code Section 40-5-25 Amended. No. 319 (House Bill No. 812). AN ACT To amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to patient access to eye care, so as to provide for a blindness education, screening, and treatment program, subject to availability of funds derived from voluntary contributions; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application; to provide for transmittal of funds to the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to patient access to eye care, is amended by adding a new Code Section 31-1-23 to read as follows: 31-1-23. (a) (1) Subject to availability of funds voluntarily donated and transmitted to the department for such purposes pursuant to subsection (e) of Code Section 40-5-25, the department shall develop a blindness education, screening, and treatment program to provide blindness prevention education and to provide screening and treatment for residents who do not have adequate coverage for such services under a health benefit plan. (2) Funds voluntarily donated and transmitted to the department pursuant to subsection (e) of Code Section 40-5-25 shall be expended only for purposes of the program provided by this Code section. (b) The program shall provide for: (1) Public education about blindness and other eye conditions; (2) Screenings and eye examinations to identify conditions that may cause blindness; and (3) Treatment procedures necessary to prevent blindness. (c) The department may contract for program development with any department approved nonprofit organization dealing with regional and community blindness education, eye donor, and vision treatment services. (d) The department by regulation shall prescribe eligibility requirements for the program. SECTION 2 . Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for motor vehicle drivers' licenses, is amended by adding a new subsection (e) to read as follows: (e) (1) The General Assembly finds that it is in the best interests of the state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings and treatments for the benefit of the citizens of Georgia. (2) Each application form for issuance, reissuance, or renewal of a driver's license under subsection (a) of this Code section shall include language permitting the applicant to make a voluntary contribution of

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$1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the license fee required under this Code section. (3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Human Resources for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23. (4) This subsection shall become effective on January 1, 2000. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1999. SOCIAL SERVICESDAY-CARE CENTERS, GROUP DAY-CARE HOMES, FAMILY DAY-CARE HOMES, AND CHILD-CARING INSTITUTIONS; EMPLOYEE RECORDS CHECKS; DIRECTORS; LICENSING; FOSTER HOME LICENSES. Code Title 49, Chapter 5, Article 3 Amended. No. 320 (House Bill No. 30). AN ACT To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, group day-care homes, family day-care homes, and child-caring institutions, so as to provide that no person may be employed at such a center without a satisfactory preliminary records check or satisfactory state and national fingerprint records check determinations within the previous 12 months; to provide that no person may be hired as or continue to serve as director without a satisfactory state and a pending national fingerprint records check; to provide for procedures related to license applicants, licensed centers, centers applying for licensure after expiration of a license, and centers which have changed directors; to provide for definitions; to provide for fees; to provide for exceptions to certain requirements for certain persons residing in family day-care homes, for emergency temporary employees, and for persons whose unsatisfactory determinations have been reversed; to provide for related matters; to provide for the submission of fingerprints in conjunction with the application for a license for the operation of a foster home; to provide for a fingerprint check by the Federal Bureau of Investigation; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by inserting three new paragraphs in Code Section 49-5-60, relating to definitions relative to employees' records checks for day-care centers, to read as follows: (5.1) `Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (14.1) `National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (18.1) `State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. SECTION 2 . Said article is further amended by striking in its entirety Code Section 49-5-62, relating to the records check application for the director of a new facility and preliminary records checks for employees, and inserting in lieu thereof the following: 49-5-62. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department may either perform preliminary records checks under agreement with

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GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks. SECTION 3 . Said article is further amended by striking in its entirety Code Section 49-5-63, relating to determinations on preliminary records checks, license issuance, and effect of unsatisfactory determination, and inserting in lieu thereof the following: 49-5-63. After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-69. SECTION 4 . Said article is further amended by striking in its entirety Code Section 49-5-64, relating to fingerprint records checks, and inserting in lieu thereof the following:

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49-5-64. The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records determination. SECTION 5 . Said article is further amended by striking in its entirety Code Section 49-5-65, relating to determination on the basis of fingerprint records checks and license revocation, and inserting in lieu thereof the following: 49-5-65. After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 49-5-62 through 49-5-64 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 49-5-63 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 49-5-63 regarding employees other than the director. SECTION 6 . Said article is further amended by striking in its entirety Code Section 49-5-66, relating to procedures upon expiration of existing licenses, and inserting in lieu thereof the following:

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49-5-66. Each center shall be required to obtain a separate license and shall have a separate director for each center. SECTION 7 . Said article is further amended by striking in its entirety Code Section 49-5-67, which reads as follows: 49-5-67. Reserved., and inserting in lieu thereof the following: 49-5-67. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit and supporting documents in the employee's personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee's personnel file shall be available to the department for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article. SECTION 8 . Said article is further amended by striking in its entirety Code Section 49-5-68, relating to a change of director, and inserting in lieu thereof the following:

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49-5-68. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director; and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures

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after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. SECTION 9 . Said article is further amended by striking in its entirety Code Section 49-5-69, relating to employment requirements and penalties for violations, and inserting in its place the following: 49-5-69. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 49-5-73. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm

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identification for records search purposes, when the department has reason to believe the employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may hire any person as an employee after July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5-73. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor. SECTION 10 . Said article is further amended inserting in Code Section 49-5-69.1, relating to fingerprint and preliminary records checks for foster care homes; notice of results; violations; and foster parents known to have criminal records, a new subsection to be designated subsection (e) to read as follows: (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CRIMINAL PROCEDURESURETIES ON BONDS; BAIL RECOVERY AGENTS. Code Section 17-6-30 Amended. Code Sections 17-6-56 through 17-6-58 Enacted. No. 321 (House Bill No. 80). AN ACT To amend Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to sureties, so as to change the amount which sureties

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on criminal bonds may charge as compensation from defendants or from anyone acting for defendants; to regulate bail bond recovery agents; to authorize any sheriff to require professional bondsmen who are residents of or do business in the sheriff's county to submit to the sheriff for his or her approval a list of bail recovery agents employed or contracted for by such bondsmen; to provide that any bail recovery agent who enters any local police jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing a fugitive shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, notify the sheriff and police chief of the local police jurisdiction in which the surveillance or apprehension is to take place unless it is to take place in public; to provide for out-of-state bail recovery agents; to provide for uniform identification cards for bail recovery agents and to require bail recovery agents to carry such identification cards while acting in the capacity as a bail recovery agent; to provide for penalties for bondsmen and for bail recovery agents; to provide for civil liability for damages in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to sureties, is amended by striking subsection (a) of Code Section 17-6-30, relating to fees of sureties, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the principal amount of bonds set in the amount of $10,000.00 or less and shall not charge or receive more than 15 percent of the principal amount of bonds set in an amount in excess of $10,000.00 as compensation from defendants or from anyone acting for defendants. SECTION 1.1 . Said article is further amended by adding at the end of Part 2, relating to professional bondsmen, three new Code sections to read as follows: 17-6-56. (a) As used in this Code section and Code Sections 17-6-57 and 17-6-58, the term `bail recovery agent' means any person who performs services or takes action for the purpose of apprehending the principal on a bail bond granted in this state or capturing a fugitive who has escaped from bail in this state for gratuity, benefit, or compensation. (b) A bail recovery agent must be a United States citizen, 25 years of age or older, and must obtain a license pursuant to Code Section 16-11-129.

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(c) Any sheriff of a county shall require any professional bondsman who is a resident of or doing business in the sheriff's county to register his or her bail recovery agents in that county. The professional bondsman must submit to the sheriff, in a form and manner to be determined by the sheriff, a list of all bail recovery agents whose services may be used by such bondsman. 17-6-57. (a) Any bail recovery agent who enters any local police jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing a fugitive or engaging in surveillance of such principal or fugitive shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, notify by facsimile transmission or telephone the sheriff and police chief of the local police jurisdiction in which the surveillance, apprehension, or capture is to take place unless it is to take place in public. (b) An out-of-state bail recovery agent shall submit proof to the sheriff or police chief that he or she is qualified to be a bail recovery agent under the requirements of his or her home state. An out-of-state bail recovery agent shall deliver a certified copy of the bail bond or of the forfeiture or failure to appear to the sheriff or chief of police. Such out-of-state bail recovery agent, if not qualified in his or her home state or if his or her home state does not require bail recovery agents to be qualified, shall employ a Georgia bail recovery agent who is lawfully registered pursuant to this part. (c) Each professional bondsman shall issue a uniform identification card to each bail recovery agent registered by the professional bondsman which identification card shall include the bail recovery agent's name, height, weight, address, photograph, and signature. The identification card shall also include the signature of the professional bondsman who has registered the bail recovery agent as required in subsection (c) of Code Section 17-6-56. A bail recovery agent shall be required to carry such identification card while acting in the capacity as a bail recovery agent. 17-6-58. (a) Any bail recovery agent who fails to register with the local sheriff or who is otherwise unqualified to act as a bail recovery agent but who nonetheless attempts to apprehend or capture a principal on a bail bond or a fugitive or who succeeds in apprehending or capturing such person shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations punishable by imprisonment for not less than one nor more than five years. (b) Any bondsman or bonding company owner, surety, or agent who hires a bail recovery agent who is not qualified to act as a bail recovery

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agent pursuant to Code Sections 17-6-56 and 17-6-57 shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both. (c) No bail recovery agent shall wear, carry, or display any uniform, badge, shield, card, or other item with any printing, insignia, or emblem that purports to indicate that such bail recovery agent is an employee, officer, or agent of any state or federal government or any political subdivision of any state or federal government. A violation of this subsection shall be punished upon conviction as a felony punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both. (d) A bail recovery agent who enters the wrong property, causes damage to said property, or causes injury to anyone thereon is liable for all damages. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. STATE GOVERNMENTOPEN AND PUBLIC MEETINGS; PUBLIC CORPORATIONS; AGENDAS; AFFIDAVITS OF PRESIDING OFFICER. Code Sections 50-14-1 and 50-14-4 Amended. No. 322 (House Bill No. 278). AN ACT To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the definitions of the terms agency and meeting; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting; to provide for the posting of such agenda and the distribution thereof; to provide that failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item; to provide that when any meeting of an agency is closed to the public, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions authorized for closed meetings and identifying the specific relevant exception; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, is amended by striking in their entirety paragraphs (1) and (2) of subsection (a) of Code Section 50-14-1, relating to the requirement that certain government meetings be open to the public, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) `Agency' means: (A) Every state department, agency, board, bureau, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. (2) `Meeting' means the gathering of a quorum of the members of the governing body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which any public matter, official business, or policy of the agency is to be discussed or presented or at which official action is to be taken or, in the case of a committee, recommendations on any public matter, official business, or policy to the governing body are to be formulated, presented, or discussed. The assembling together of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers,

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agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final official action is to be taken shall not be deemed a `meeting.' SECTION 2 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 50-14-1, relating to the requirement that certain government meetings be open to the public, and inserting in lieu thereof a new subsection (e) to read as follow: (e) (1) Prior to any meeting, the agency holding such meeting shall make available an agenda of all matters expected to come before the agency at such meeting. The agenda shall be available upon request and shall be posted at the meeting site, as far in advance of the meeting as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting and shall be posted, at a minimum, at some time during the two week period immediately prior to the meeting. Failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item. (2) A summary of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes. In the case of a roll-call vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 50-14-4, relating to procedure when meetings of agencies are closed, and inserting in lieu thereof a new Code Section 50-14-4 to read as follows: 50-14-4. (a) When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to

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the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1. (b) When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. STATE GOVERNMENTPUBLIC RECORDS; INSPECTION; REQUESTS; TIME LIMITS; PENALTIES. Code Sections 50-18-70, 50-18-71.2, 50-18-72, and 50-18-74 Amended. No. 323 (House Bill No. 279). AN ACT To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change certain exceptions to such inspections; to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection; to require provision of access to computer records by electronic means under certain conditions; to provide what fees may be charged for electronic access to records; to provide that where inspection is refused the custodian must make a binding explanation of the reasons for denial; to define a criminal offense of knowing and willful failure or refusal to provide access to records and provide for punishment therefor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-70, relating to inspection of public records in general, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) As used in this article, the term `public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. `Public record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term `agency' or `public agency' or `public office' shall have the same meaning and application as provided for in the definition of the term `agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions. SECTION 2 . Said article is further amended in said Code Section 50-18-70 by striking subsection (f) and inserting in its place new subsections (f) and (g) to read as follows: (f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not

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subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records. (g) At the request of the person, firm, corporation, or other entity requesting such records, records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records. SECTION 3 . Said article is further amended by striking Code Section 50-18-71.2, relating to notice of estimated copying costs, and inserting in its place a new Code section to read as follows: 50-18-71.2. Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means. SECTION 4 . Said article is further amended by adding between paragraphs (11) and (12) of subsection (a) of Code Section 50-18-72, relating to exceptions to disclosure of public records, a new paragraph to read as follows: (11.1) Records that would reveal an individual's home address, telephone number, social security number, date or place of birth, names of parents, or insurance or medical information; provided, however, that such records may be disclosed where the items listed in this paragraph are redacted; . SECTION 4.1 . Said article is further amended in Code Section 50-18-72, relating to exemptions from and construction of the public records law, by adding a new subsection (h) to read as follows: (h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency

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having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclosure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this chapter, whichever is sooner; provided, further, that the right to amend or supplement based upon discovery of an error may be exercised on only one occasion. In the event that such designation includes provisions not relevant to the subject matter of the request, costs and reasonable attorney's fees may be awarded pursuant to Code Section 50-18-73. SECTION 5 . Said article is further amended by striking Reserved. from Code Section 50-18-74 and enacting a new Code Section 50-18-74 to read as follows: 50-18-74. (a) Any person knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article or by failing or refusing to provide access to such records within the time limits set forth in this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $100.00. (b) A prosecution under this Code section may only be commenced by issuance of a citation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance. SECTION 6 . This Act shall become effective July 1, 1999. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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CRIMES AND OFFENSESDRUG-FREE COMMERCIAL ZONES; ADOPTION OF CERTAIN EXISTING ZONES. Code Section 16-13-32.6 Amended. No. 324 (House Bill No. 287). AN ACT To amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate all drug-free commercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain 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 . Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows: (f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) of this Code section on or before March 22, 1999. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LOCAL GOVERNMENTPARKS OR RECREATIONAL AREAS; ACCEPTANCE OR ACQUISITION OF PROPERTY BY COUNTIES, MUNICIPALITIES, BOARDS OF EDUCATION, OR PUBLIC AUTHORITIES; ENVIRONMENTAL ASSESSMENTS. Code Section 36-80-18 Enacted. No. 325 (House Bill No. 660). AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding political subdivisions,

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so as to require political subdivisions and public authorities to have conducted environmental testing on certain property to be donated to or acquired by such entities and prohibit acceptance or acquisition thereof unless any significant dangers discovered have been eliminated; to provide for retesting; 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 regarding political subdivisions, is amended by adding at the end a new Code section to read as follows: 36-80-18. (a) A county, municipality, local board of education, or public authority created by local or general law may not accept a gift of or otherwise acquire real property which is intended to be used for a park or recreational area unless, prior to such acceptance or acquisition, such political subdivision or authority retains an environmental health engineer for a phase 1 environmental assessment to examine the property for contaminants, hidden methane gas, and similar hazards which would be dangerous to public use of such property and receives a report regarding any discovered dangers. If such report discloses significant dangers, the property shall not be accepted or acquired unless the danger is eliminated; otherwise, such property may be accepted or acquired. (b) At least every 20 years after property has been accepted or acquired pursuant to subsection (a) of this Code section, the political subdivision or authority shall retain an environmental health engineer to retest the property for hazards. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONAD VALOREM TAXATION OF PROPERTY; MUNICIPAL CONTRACTS FOR ASSESSMENT, COLLECTION, AND DIGEST PREPARATION; EXEMPTION FOR MOTOR VEHICLES OWNED BY FORMER PRISONERS OF WAR OR SURVIVING SPOUSES THEREOF. Code Sections 48-5-359.1 and 48-5-478.1 Amended. No. 326 (Senate Bill No. 83). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to authorize municipalities

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partially located within a county to contract for assessments and collection of municipal ad valorem taxes and digest preparation by the county tax commissioner; to change provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for proof of prisoner of war status; to provide for an exemption with respect to certain motor vehicles owned by the unremarried surviving spouses of deceased former prisoners of war; to provide for conditions and limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-359.1, relating to contracts authorizing assessments and collection of municipal ad valorem taxes and digest preparation by the county tax commissioner, and inserting in its place a new subsection (a) to read as follows: (a) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. SECTION 2 . Said Chapter 5 is further amended by striking Code Section 48-5-478.1, relating to the exemption of certain motor vehicles owned by former prisoners of war from ad valorem taxation, and inserting in lieu thereof a new Code section 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.

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(b) Any former prisoner of war who is a citizen and resident of Georgia and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of his or her former prisoner of war status with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on one vehicle such former prisoner of war owns. (c) The unremarried surviving spouse of a deceased former prisoner of war who is a citizen and resident of Georgia and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of the former prisoner of war status of the deceased former prisoner of war with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on one vehicle such unremarried surviving spouse owns. SECTION 3 . This Act shall become effective on January 1, 2000, and shall apply to all tax years beginning on or after January 1, 2000. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. INSURANCEPRESCRIPTION INHALANTS FOR ASTHMA OR BRONCHIAL AILMENTS; COVERAGE UNDER INDIVIDUAL MAJOR MEDICAL OR GROUP HEALTH INSURANCE POLICIES, GROUP HEALTH INSURANCE PLANS OR POLICIES, OR MANAGED OR CAPITATED HEALTH CARE PLANS OR POLICIES. Code Section 33-24-59.4 Enacted. No. 327 (Senate Bill No. 94). 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 prohibit certain individual major medical or group health insurance policies, group health plans or policies, and all other forms of managed or capitated health care plans or policies from denying or limiting certain coverage for certain prescription drugs; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 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 33-24-59.4 to read as follows: 33-24-59.4. No individual major medical or group health insurance policy, group health insurance plan or policy, or any other form of managed or capitated health care plans or policies issued, delivered, issued for delivery, or renewed on or after July 1, 1999, containing coverage for prescription drugs and pharmaceuticals shall deny or limit coverage for prescription inhalants required to enable persons to breathe when suffering from asthma or other life-threatening bronchial ailments based upon any restriction on the number of days before an inhaler refill may be obtained if, contrary to such restrictions, such inhalants have been ordered or prescribed by the treating physician. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LAW ENFORCEMENT OFFICERS AND AGENCIESDEPARTMENT OF PUBLIC SAFETY; USE OF DEPARTMENT MOTOR VEHICLE BY MEMBER OF UNIFORM DIVISION WHILE OFF DUTY; MOTOR VEHICLE SELF-INSURERS; TAXICAB SELF-INSURERS IN COUNTIES OF 400,000 OR LESS. Code Sections 35-2-56 and 40-9-101 Amended. No. 328 (Senate Bill No. 108). 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 provide that under certain conditions members of the Uniform Division of the Department of Public Safety may use a department motor vehicle while working an approved off-duty job subject to a contract with the Department of Public Safety; to provide for such conditions; to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception for taxicab self-insurers located in counties of 400,000 or less population; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety Code Section 35-2-56, relating to the use of motor vehicles or other equipment by members of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new Code Section 35-2-56 to read as follows: 35-2-56. (a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any member of the Uniform Division except in discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety. (b) (1) Members of the Uniform Division may use a department motor vehicle while working an approved off-duty job, provided that: (A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the Department of Public Safety and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind. SECTION 1A . Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following: (G) Until December 31, 2000, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were

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located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 1998. 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 28, 1999. CRIMES AND OFFENSESASSAULT AND BATTERY; CRIMES AGAINST ELDERLY OR DISABLED PERSONS. Code Title 16 Amended. Code Sections 30-5-5, 30-5-7, and 30-5-8 Amended. No. 329 (Senate Bill No. 163). AN ACT To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to provide enhanced penalties for the commission of offenses of simple assault and battery against persons who are 65 years of age or older; to provide a short title; to provide enhanced penalties for the commission of offenses of simple battery, battery, and sexual assault against persons in custody when committed by employees, agents, or volunteers of certain health care facilities for disabled adults or elder persons; to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the Disabled Adults and Elder Persons Protection Act, so as to authorize the director of the county department of family and children services or the director's designee or an adult protection agency employee to file a petition in the probate or superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect; to provide procedures; to authorize a judge of the probate or superior court to issue an ex parte order requiring that an adult protection agency employee be given access to a disabled adult or elder person to inquire into such person's well-being; to provide for enforcement of such orders; to provide that certain provisions of law shall not be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records; to change certain provisions relating to

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penalties; to provide that a violation of Code Section 30-5-8 shall constitute a separate offense; 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 Crimes Against Elderly Act of 1999. SECTION 2 . Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, is amended by striking in its entirety Code Section 16-5-20, relating to the offense of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows: 16-5-20. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) and (d) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. SECTION 3 . Said article is further amended by adding at the end of Code Section 16-5-23, relating to the offense of simple battery, a new subsection (f) to read as follows: (f) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal

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care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature. SECTION 4 . Said article is further amended by striking in its entirety Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows: 16-5-23.1. (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. (b) As used in this Code section, the term `visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections (d) through (k) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.

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(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. (j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both.

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SECTION 5 . Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to the offense of sexual assault against a person in custody, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. SECTION 6 . Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the Disabled Adults and Elder Persons Protection Act, is amended by adding at the end of Code Section 30-5-5, relating to investigative reports of need for protective services, a new subsection (h) to read as follows: (h) Notwithstanding any other provisions of this Code section, if any director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this paragraph shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person. SECTION 7 . Said chapter is further amended by striking in its entirety Code Section 30-5-7, relating to confidentiality of public records, and inserting in lieu thereof a new Code Section 30-5-7 to read as follows:

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30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records. SECTION 8 . Said chapter is further amended by striking in its entirety Code Section 30-5-8, relating to criminal offenses and penalties, and inserting in lieu thereof a new Code Section 30-5-8 to read as follows: 30-5-8. (a) (1) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a misdemeanor. (b) (1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. HIGHWAYS, BRIDGES, AND FERRIESVEHICLES AND LOADS; DIMENSIONS; PERMITS FOR EXCESS WEIGHT AND DIMENSION. Code Sections 32-6-23, 32-6-24, and 32-6-28 Amended. No. 330 (Senate Bill No. 256). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as

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to change certain provisions relating to width of vehicles and loads; to change certain provisions relating to length of vehicles and loads; to change certain provisions relating to permits for excess weight and dimension; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-6-23, relating to width of vehicles and loads, and inserting in lieu thereof the following: 32-6-23. Unless otherwise provided in this Code section or exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 102 inches, exclusive of mirrors and accessories attached thereto, when operated on any street, road, or highway. SECTION 2 . Said article is further amended by striking Code Section 32-6-24, relating to length of vehicles and loads, and inserting in lieu thereof the following: 32-6-24. (a) As used in this article, the term: (1) `Bimodal semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. (2) `Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination. (3) `Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported. (4) `Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. (5) `Truck tractor' shall be defined as the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except

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that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (b) Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply: (1) Trailer and semitrailer lengths: (A) Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length; (B) Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length. For all semitrailers, the distance between the kingpin of the semitrailer and the axle of the semitrailer shall not exceed 41 feet; this 41 foot distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term `kingpin' means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor; (C) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet; (D) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length. (2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths: (A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet; (B) Saddlemout and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 feet; (C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailer-trailer operated on roads other than interstate or the STAA system of roads shall have an overall length that does not exceed 100 feet. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle. The STAA system shall be comprised of the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended.

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SECTION 3 . Said article is further amended by striking Code Section 32-6-28, relating to permits for excess weight and dimension, and inserting in lieu thereof the following: 32-6-28. (a) Generally. (1) (A) The commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width when such load may be readily dismantled or separated. A truck tractor and low boy type trailer may, after depositing its permitted load, return to its point of origin on the authorization of its original permit. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads for transporting not more than two modular housing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of

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vehicles, including the load, does not exceed the limits specified in Code Section 32-6-22 and Code Section 32-6-26. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threatens the safety of others or threatens to damage unduly a road or any appurtenance thereto. (2) Permits may be issued, on application to the department, to persons, firms, or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The department is authorized to promulgate reasonable rules and regulations which are necessary or desirable to govern the issuance of such permits, provided that such rules and regulations are not in conflict with this title or other provisions of law. (3) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer, state trooper, or authorized agent of the department. (4) The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code section. In addition, the application for a single-trip permit shall describe the points of departure and destination. (5) The commissioner or an official of the department designated by the commissioner is authorized to withhold such permit or, if such permit is issued, to establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicles when necessary to ensure against undue damage to the road foundation, surfaces, or bridge structures, and to require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure. (6) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner or an official of the department designated by the commissioner may refuse to issue or may cancel, suspend, or revoke the permit and any permit privileges of an applicant or permittee. The specific period of time of any suspension shall be determined by the department. In addition, any time the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void. (7) The department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this Code section.

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(b) Duration and limits of permits . (1) Annual permit. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle: (A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 100 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or (E) Whose height exceeds 14 feet and six inches. Furthermore, an annual permit to operate a vehicle which exceeds the height limitations set forth in Code Section 32-6-22 shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the department, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs, or other highway structures damaged by a vehicle operating under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators. (2) STAA annual permit. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the STAA system of roads. The STAA system shall be comprised of the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (3) Single trip. Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle or load allowed by federal law. (c) Fees . The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows:

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(1) Annual. Charges for the issuance of annual permits shall be $150.00 per permit. (2) STAA annual permit. Charges for the issuance of STAA annual permits shall be $500.00 per permit. (3) Four months. The charges for the issuance of four-month permits for loads of tobacco whose widths do not exceed nine feet shall be $25.00 per permit, provided that such loads may not be operated on the National System of Interstate and Defense Highways. (4) Single trip. Charges for the issuance of single-trip permits shall be as follows: (A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph $ 30.00 (B) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph but which is not greater than 20 feet wide, not greater than 20 feet high, and not weighing more than 180,000 pounds 150.00 (C) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph 500.00 (d) Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees collected in accordance with this Code section shall be paid to the treasurer of the department to help defray the expenses of enforcing the limitations set forth in this article and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department. SECTION 4 . This Act shall become effective on October 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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LAW ENFORCEMENT OFFICERS AND AGENCIESGEORGIA CRIME INFORMATION CENTER; NATIONAL CRIME PREVENTION AND PRIVACY COMPACT; CRIMINAL RECORDS; CHILD-PLACING AGENCIES; DAY-CARE CENTERS AND HOMES. Code Section 35-3-39.1 Enacted. Code Section 49-2-14 Amended. Code Title 49, Chapter 5, Article 3 Amended. No. 331 (Senate Bill No. 165). AN ACT To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 contained in federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center; to provide for the criminal history records repository and for compliance with certain system rules, procedures, and standards; to provide for level of services; to require provision of certain records for noncriminal justice purposes and restrict certain uses thereof; to require the submission of fingerprints or other positive identification and provide for compliance of other laws with the compact and federal law; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to authorize the Department of Human Resources or certain licensed child-placing agencies to obtain from any law enforcement agency conviction data which is relevant to adult persons residing in homes in which the department may place children who are in its custody; to provide for the purpose for which such conviction data may be used and for the maintenance and protection of such data; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, group day-care homes, family day-care homes, and child-caring institutions, so as to provide that no person may be employed at such a center without a satisfactory preliminary records check or satisfactory state and national fingerprint records check determinations within the previous 12 months; to provide that no person may be hired as or continue to serve as director without a satisfactory state and a pending national fingerprint records check; to provide for procedures related to license applicants, licensed centers, centers applying for licensure after expiration of a license, and centers which have changed directors; to provide for definitions; to provide for fees; to provide for exceptions to certain requirements for certain persons residing in family day-care homes, for emergency temporary employees, and for persons whose unsatisfactory

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determinations have been reversed; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by inserting after Code Section 35-3-39 the following: 35-3-39.1. (a) As used in this Code section, the term: (1) `Compact' means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law. (2) `Compact council' means the compact council established by Article VI of the compact. (3) `Director' means the director of the Georgia Crime Information Center. (4) `Federal law' means the National Crime Prevention and Privacy Compact Act of of 1998 contained in Public Law 92-544. (5) `Interstate identification system' or `III system' means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact. (b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General. (c) The director shall be the compact officer and shall be responsible for: (1) Administering the compact within this state; (2) Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and (3) Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact. (d) The center shall establish and maintain a criminal history record repository to provide: (1) Information and records for the National Identification Index and the National Fingerprint File; and

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(2) This state's III systemindexed criminal history records for noncriminal justice purposes described in Article IV of the compact. (e) This state shall comply with III system rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III system operation. (f) Use of the III system by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state. (h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact. (i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article IV of the compact. (j) Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law. SECTION 2 . Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, is amended by striking in their entirety subsections (b) and (d) of Code Section 49-2-14, relating to obtaining conviction data, and inserting in their respective places the following: (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment

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decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or placement decisions concerning children in the custody of the department, and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. SECTION 3 . Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by inserting three new paragraphs in Code Section 49-5-60, relating to definitions relative to employees' records checks for day-care centers, to read as follows: (5.1) `Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (14.1) `National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (18.1) `State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in

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accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. SECTION 4 . Said article is further amended by striking in its entirety Code Section 49-5-62, relating to the records check application for the director of a new facility and preliminary records checks for employees, and inserting in lieu thereof the following: 49-5-62. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks. SECTION 5 . Said article is further amended by striking in its entirety Code Section 49-5-63, relating to determinations on preliminary records checks, license issuance, and effect of unsatisfactory determination, and inserting in lieu thereof the following: 49-5-63. After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records

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check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-69. SECTION 6 . Said article is further amended by striking in its entirety Code Section 49-5-64, relating to fingerprint records checks, and inserting in lieu thereof the following: 49-5-64. The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records determination. SECTION 7 . Said article is further amended by striking in its entirety Code Section 49-5-65, relating to determination on the basis of fingerprint records checks and license revocation, and inserting in lieu thereof the following:

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49-5-65. After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 49-5-62 through 49-5-64 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 49-5-63 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 49-5-63 regarding employees other than the director. SECTION 8 . Said article is further amended by striking in its entirety Code Section 49-5-66, relating to procedures upon expiration of existing licenses, and inserting in lieu thereof the following: 49-5-66. Each center shall be required to obtain a separate license and shall have a separate director for each center. SECTION 9 . Said article is further amended by striking in its entirety Code Section 49-5-67, which reads as follows: 49-5-67. Reserved., and inserting in lieu thereof the following: 49-5-67. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the

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department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employee's personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee's personnel file shall be available to the department for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article. SECTION 10 . Said article is further amended by striking in its entirety Code Section 49-5-68, relating to a change of director, and inserting in lieu thereof the following: 49-5-68. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations

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as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director; and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. SECTION 11 . Said article is further amended by striking in its entirety Code Section 49-5-69, relating to employment requirements and penalties for violations, and inserting in its place the following:

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49-5-69. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 49-5-73. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when the department has reason to believe the employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may hire any person as an employee after July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5-73. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the

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employee ineligible to have contact with children in the center shall be guilty of a misdemeanor. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. INSURANCEALIEN INSURERS; ENTRY INTO UNITED STATES THROUGH GEORGIA. Code Title 33 Amended. No. 332 (House Bill No. 26). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize and provide for use of this state as a state of entry into the United States by alien insurers for the purpose of transacting insurance in the United States through a United States branch; to change certain provisions relating to requirements as to deposit of securities generally; to change certain provisions relating to information required in or attached to application for certificate of authority; to change certain provisions relating to retaliation; to require certain alien insurers to maintain principal places of business and related records in this state; to change certain provisions relating to investments of foreign and alien insurers and their places of domicile; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-3-8, relating to requirements as to deposit of securities generally, and inserting in lieu thereof the following: 33-3-8. (a) The Commissioner shall not issue a certificate of authority to transact insurance to any insurer unless the insurer has deposited in trust with this state securities eligible for the investment of capital funds of domestic insurers under this title in an amount not less than that required in subsection (b) of this Code section. This Code section does not apply to farmers' mutual fire insurance companies. (b) (1) Except as otherwise provided in this subsection, the amount of the deposit required under this Code section for a certificate to transact any one class of insurance shall be $100,000.00; to transact

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each additional class of insurance, the amount of deposit shall be $25,000.00, subject to the limitation that not more than $200,000.00 total deposit shall be required for any combination of classes. (2) As to any foreign insurer, in lieu of such deposit or part of such deposit in this state, the Commissioner shall accept the current certificate in proper form of the public official having supervision over insurers in any other state to the effect that a like deposit or part of like deposit by such insurer is being maintained in public custody in such state in trust for the purpose, among other reasonable purposes, of protection of policyholders and creditors or of the protection of all the insurer's policyholders or of all of its policyholders and obligees. (3) As to any alien insurer, other than a title insurer, which has entered through and the United States branch of which is licensed to transact insurance in another state, in lieu of such deposit or part thereof in this state, the Commissioner shall accept the certificate of the official having supervision over insurance of such other state in the United States, given under his or her hand and seal, that the insurer maintains within the United States by way of deposits with public depositories, or in trust institutions within the United States approved by such official, assets available for discharge of its United States insurance obligations, which assets shall be in an amount not less than the outstanding liabilities of the insurer arising out of its insurance transactions in the United States together with the larger of the following sums: the largest deposit required by this title to be made in this state by any type of domestic insurer transacting like kinds of insurance or $300,000.00. (4) As to any alien insurer entering through this state to transact insurance in the United States through a United States branch, such insurer shall deposit in accordance with Chapter 12 of this title assets available for discharge of its United States insurance obligations, which assets shall be in an amount not less than the outstanding liabilities of the insurer arising out of its insurance transactions in the United States together with the larger of the following sums: the largest deposit required by this title to be made in this state by any type of domestic insurer transacting like kinds of insurance or $300,000.00. SECTION 2 . Said title is further amended by striking Code Section 33-3-13, relating to information required in or attached to application for certificate of authority, and inserting in lieu thereof the following: 33-3-13. To apply for an original certificate of authority an insurer shall file with the Commissioner its application therefor showing its name, location of

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its home office or its existing or proposed principal office in the United States if an alien insurer, kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, the names and addresses of all general officers of the company with the number of shares of capital stock of the company held by or for each such general officer or by others for his or her benefit, and the percentage of the total capital stock of the company held by each such general officer, the date on which the company began to do business, the states in which it is admitted to do business, and such additional information as the Commissioner may require, together with the following applicable documents: (1) A copy of its corporate charter with all amendments thereto certified by the public officer with whom the originals are on file in the state or country of domicile; (2) A copy of its bylaws, as amended, certified by its secretary or other officer having custody thereof; (3) If a foreign or alien insurer, a copy of its annual statement as of December 31 of the preceding year in a form approved for current use by the Commissioner and certified by two officers of the company. The annual statement of an alien insurer which has entered through and the United States branch of which is licensed to transact insurance in another state shall relate only to the transactions and affairs in the United States unless the Commissioner requires otherwise; (4) A copy of report of the last examination, if any, made of the insurer, certified by the insurance supervisory official of its state or country of domicile or of entry into the United States; (5) If a foreign or alien insurer, a copy of the appointment of the Commissioner as its attorney to receive service of legal process; (6) If a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile showing that it is authorized to transact the kinds of insurance proposed to be transacted in Georgia; (7) If an alien insurer, a copy of the appointment and authority of its United States manager certified by its officer having custody of its records; (8) If a foreign or alien insurer, certificate as to deposit if to be tendered pursuant to Code Section 33-3-8; and (9) If an alien insurer entering through this state to transact insurance in the United States through a United States branch, an English language translation, as necessary, of any of the documents required under this Code section.

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SECTION 3 . Said title is further amended by striking subsection (c) of Code Section 33-3-26, relating to retaliation, and inserting in lieu thereof the following: (c) For the purposes of this Code section, the domicile of an alien insurer other than insurers formed under the laws of Canada shall be that state designated by the insurer in writing filed with the Commissioner at the time of admission to this state and may be any one of the following states: (1) This state if the insurer is entering through this state to transact insurance in the United States through a United States branch; (2) That in which the insurer was first authorized to transact insurance; (3) That in which is located the insurer's principal place of business in the United States; or (4) That in which is held the larger deposit of trusteed assets of the insurer for the protection of its policyholders and creditors in the United States. SECTION 4 . Said title is further amended by adding a new Code Section 33-3-30 to read as follows: 33-3-30. (a) Each alien insurer which enters through this state to transact insurance in the United States through a United States branch shall establish and maintain in this state such insurer's principal place of business in the United States, and shall keep in such principal place of business complete records of the assets, transactions, and affairs in accordance with the methods and systems which are customary or suitable as to the kind or kinds of insurance transacted in the United States. (b) Concealment from the Commissioner or removal from this state of any material part of the records required to be kept in this state under subsection (a) of this Code section, except for any reasonable purposes and periods of time as may be approved by the Commissioner in writing in advance of such removal, is prohibited. The certificate of authority to do business of any alien insurer which removes or attempts to remove any material part of such records from the principal place of business of the insurer in this state with the intent to remove the same from this state or conceals or attempts to conceal the same from the Commissioner in violation of this subsection shall be revoked. Upon any removal or attempted removal of such records or upon retention of such records or material part of such records outside this state beyond the period

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specified in the Commissioner's consent under which such records were permitted to be removed or upon concealment of or attempts to conceal such records in violation of this subsection, the Commissioner may institute proceedings against the insurer pursuant to Chapter 37 of this title. (c) This Code section shall not be deemed to prohibit or prevent an alien insurer from establishing and maintaining branch offices or regional home offices in other states where necessary or convenient to the transaction of its business and keeping therein the detailed records customary and necessary for the servicing of the insurance in force in the jurisdiction served by such an office as long as such records are made readily available at such office for examination by the Commissioner at his request. SECTION 5 . Said title is further amended by striking subsection (b) of Code Section 33-11-42, relating to investments of foreign and alien insurers and their places of domicile, and inserting in lieu thereof the following: (b) For the purposes of this Code section the domicile of an alien insurer, other than insurers formed under the laws of Canada, shall be that state designated by the insurer in writing field with the Commissioner at time of admission to this state and may be any one of the following states: (1) This state if the insurer is entering through this state to transact insurance in the United States through a United States branch; (2) That in which the insurer was first authorized to transact insurance; (3) That in which is located the insurer's principal place of busines in the United States; or (4) That in which is held the larger deposits of trusteed assets of the insurer for the protection of its policyholders and creditors in the United States. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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REVENUE AND TAXATIONAD VALOREM TAXES; AGRICULTURE USE, BONA FIDE CONSERVATION USE, AND BONA FIDE RESIDENTIAL TRANSITIONAL USE PROPERTY; RECORDING FEES. Code Sections 48-5-7.1 and 48-5-7.4 Amended. No. 333 (House Bill No. 33). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to eliminate certain recording fees with respect to 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 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by striking subsection (t) of Code Section 48-5-7.1, relating to preferential assessment of tangible real property devoted to agricultural purposes, and inserting in its place 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. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. SECTION 2 . Said article is further amended by striking subsection (w) 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 a new subsection (w) to read as follows:

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(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 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. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. 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 28, 1999. REVENUE AND TAXATIONAD VALOREM TAXES; BONA FIDE CONSERVATION USE PROPERTY; QUALIFIED OWNERS; CLUBS. Code Section 48-5-7.4 Amended. No. 334 (House Bill No. 34). AN ACT To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners; 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 ad valorem taxation of bona fide conservation use property, is amended by striking or at the end of division (a)(1)(C)(iv); by inserting or at the end of division (a)(1)(C)(v); and by inserting a new division immediately following division (a)(1)(C)(v), to be designated division (a)(1)(C)(vi), to read as follows:

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(vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; . 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 28, 1999. PENAL INSTITUTIONSSEX OFFENDERS; VISITATION RESTRICTIONS. Code Section 42-5-56 Enacted. No. 335 (House Bill No. 37). AN ACT To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that an inmate with a current or prior conviction for any sexual offense shall not be allowed visitation with certain persons under the age of 18 years; to define a certain term; to provide that if visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by adding between Code Sections 42-5-55 and 42-5-57 a new Code Section 42-5-56 to read as follows: 42-5-56. (a) As used in this Code section, the term `sexual offense' means a violation of Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offenses of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of sexual assault against a person in custody; Code Section 16-6-22, relating to the offense of incest; or Code Section 16-6-22.2, relating to the offense of aggravated sexual battery, when the victim was under 18 years of age at the time of

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the commission of any such offense; or a violation of Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offenses of child molestation and aggravated child molestation; or Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense. (b) Any inmate with a current or prior conviction for any sexual offense as defined in subsection (a) of this Code section shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. INSURANCEINVESTMENTS OF INSURERS; RESERVES; INVESTMENT POOLS; INSURANCE PLANS FOR PUBLIC SCHOOL TEACHERS AND EMPLOYEES; AUCTIONEERS EDUCATION, RESEARCH, AND RECOVERY FUND; REAL ESTATE EDUCATION, RESEARCH, AND RECOVERY FUND; STATE EMPLOYEES' HEALTH INSURANCE PLAN. Code Sections 20-2-891, 20-2-919, 33-10-14, 33-20-22, 43-6-22.1, 43-40-22, and 45-18-13 Amended. Code Title 33, Chapters 11 and 11A Amended. Code Section 33-10-15 Repealed. No. 336 (House Bill No. 43). AN ACT To amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school teachers and public school employees, so as to change certain provisions relating to the health insurance fund for public school teachers; to change certain provisions relating to investment of the health insurance fund for public school employees; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to valuation of reserves; to revise extensively provisions relating to investments of insurers; to provide for investments of life, accident and sickness, property, and casualty insurers; to change certain provisions relating to investment pools; to change certain provisions relating to

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investment of funds of health care corporations; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to auctioneers education, research, and recovery fund; to change certain provisions relating to real estate education, research, and recovery fund; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change certain provisions relating to deposit of amounts from the health insurance fund available for investment in trust account and investment and withdrawal of funds; to designate and redesignate certain portions of the Code; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school teachers and public school employees, is amended by striking subsection (b) of Code Section 20-2-891, relating to health insurance fund for public school teachers, and inserting in lieu thereof the following: (b) Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, conditions, limitations, and restrictions imposed by Articles 1 and 3 of Chapter 11 of Title 33 upon domestic insurance companies in the making and disposing of their investments. All income derived from such investment shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this subsection, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. SECTION 2 . Said part is further amended by striking Code Section 20-2-919, relating to investment of the health insurance fund for public school employees, and inserting in lieu thereof the following: 20-2-919. Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal

Page 594

Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, conditions, limitations, and restrictions imposed by Articles 1 and 3 of Chapter 11 of Title 33 upon domestic insurance companies in the making and disposing of their investments. All income derived from such investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. SECTION 3 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-10-14, relating to valuation of reserves including bonds and other evidences of debt, and inserting in lieu thereof the following: 33-10-14. The value or amount of investments, unless otherwise specified in this chapter, and excluding assets of separate accounts which are subject to Code Sections 33-11-65 through 33-11-67, shall be the value at which assets of an insurer are required to be reported for statutory accounting purposes as determined in accordance with procedures prescribed in published accounting and valuation standards of the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. SECTION 4 . Said title is further amended by striking and reserving Code Section 33-10-15, relating to valuation of reserves including other securities, preferred or guaranteed stocks or shares, and stock of subsidiary corporations. SECTION 5 . Said title is further amended by striking the phrase this chapter and inserting in lieu thereof this article wherever such phrase occurs in Chapter 11, relating to investments of insurers, as follows: (1) In Code Section 33-11-1, relating to scope of chapter; (2) In Code Section 33-11-2, relating to eligible investments;

Page 595

(3) In Code Section 33-11-3, relating to acquisition of securities or investments by insurers generally; (4) In Code Section 33-11-5, relating to required investments and limitations; (5) In Code Section 33-11-8, relating to foreign securities; (6) In Code Section 33-11-16, relating to obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Finance Corporation; (7) In Code Section 33-11-23, relating to loans secured by pledge of securities or by pledge or assignment of life insurance policies; (8) In Code Section 33-11-25, relating to obligations secured by first mortgage or deed of trust upon improved or income-producing real property in the United States or Canada; (9) In Code Section 33-11-26, relating to chattel mortgage loans; (10) In Code Section 33-11-27, relating to abstract plant and equipment and stocks of abstract companies; (11) In Code Section 33-11-30, relating to investment of assets in real estate acquired for purposes of leasing; (12) In Code Section 33-11-33, relating to prohibited investments and underwriting of offering of securities or property by other persons; (13) In Code Section 33-11-37, relating to investment of funds in excess of reserve and capital, or surplus, in authorized and approved investments; (14) In Code Section 33-11-39, relating to time limit for disposal by insurer of real estate; (15) In Code Section 33-11-42, relating to investments of foreign and alien insurers; and (16) In Code Section 33-11-43, relating to compliance with Secondary Mortgage Market Enhancement Act. SECTION 6 . Said title is further amended by designating the existing provisions of Chapter 11, relating to investments of insurers, as Article 1 of said chapter. SECTION 7 . Said title is further amended by designating the existing provisions of Code Section 33-11-1, relating to scope of article, as subsection (a) of said Code section and adding a new subsection (b) to read as follows:

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(b) The provisions of this article shall apply only to those insurers that are not subject to Article 2 of this chapter. SECTION 8 . Said title is further amended by striking and reserving Code Section 33-11-24, relating to life insurers' loans to policyholders secured by policies. SECTION 9 . Said title is further amended by striking and reserving Code Section 33-11-34, relating to separate accounts of domestic life insurance companies in connection with pension, retirement, and profit-sharing plans. SECTION 10 . Said title is further amended by striking and reserving Code Section 33-11-35, relating to separate accounts of domestic life insurance companies in connection with variable annuity contracts. SECTION 11 . Said title is further amended by striking and reserving Code Section 33-11-36, relating to separate accounts of domestic life insurance companies in connection with variable life insurance policies. SECTION 12 . Said title is further amended by adding to Chapter 11 a new Article 2 to read as follows: ARTICLE 2 33-11-50. (a) The purpose of this article is to protect and to further the interests of insureds, creditors, and the general public. This objective will be met by the establishment of: (1) Prudent standards by which an insurer shall develop its investment policy and investment portfolio; (2) A minimum financial security benchmark and a minimum asset requirement, each of which shall be supported by classes of investments and, as applicable, noninvested assets, described in this article; (3) A level of investment discretion whereby the regulation of an insurer's investment practices has minimum interference with management initiative and judgment; and (4) A prescribed process for actions by the Commissioner to address situations where an insurer's investment policy or investment portfolio is not prudent under prevailing circumstances.

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(b) This article and the regulations adopted to interpret and implement it shall apply only to domestic life, accident and sickness, property, and casualty insurers licensed pursuant to Code Section 33-3-2 to transact the classes of business described in paragraphs (1) through (5) of Code Section 33-3-5 and United States branches of similar alien insurers entered through this state if such entry is otherwise permitted by law. (c) Separate accounts established in accordance with Code Sections 33-11-65 through 33-11-67 shall be governed pursuant to those Code sections. 33-11-51. For purposes of this article, the term: (1) `Admitted assets' means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the Commissioner. (2) `Asset-backed/mortgage-backed securities' shall include the types of securities defined below: (A) `Single-class mortgage-backed/asset-backed securities' means pass-through certificates and other securitized loans issued using only one class where the payment of interest and/or principal of the security is directly proportional to interest and/or principal received by the business entity from the loans supporting the security; (B) `Multiclass residential mortgage-backed securities' means mortgage-backed securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments which are directly or indirectly secured by liens on one-family to four-family residential properties, including: (i) `Defined multiclass residential mortgage-backed securities' which are first liens and are rated in one of the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and (ii) `Other multiclass residential mortgage-backed securities' which are not first liens or, if secured by first liens, are rated below the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance

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Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and (C) `Multiclass commercial mortgage-backed/asset-backed securities' means securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, but not including those secured by liens on one to four family residential properties, including: (i) `Defined multiclass commercial mortgage-backed securities' which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments, directly or indirectly secured by a first lien on one or more parcels of real estate upon which is located one or more commercial structures, and rated in one of the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and (ii) `Other multiclass commercial mortgage-backed/asset-backed securities' which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, including, but not limited to, instruments secured by liens on one or more parcels of real estate upon which is located one or more commercial structures that are not first liens or, if secured by first liens, the securities are rated below the two highest generic rating categories established by a Nationally Recognized Statistical Rating Organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (2.1) `Asset-valuation reserve' means the reserve required to be computed and reported in the annual and quarterly financial statements, adopted for use by the Commissioner, which is designed to address the credit-related and equity risks of a domestic life or accident and sickness insurer's assets. (3) `Debt-like preferred stock' means an investment with the structure of a preferred stock that has the cash flow characteristics of a debt instrument.

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(4) `Counterparty exposure amount' means: (A) The net amount of credit risk attributable to a derivative instrument entered into with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared through a qualified clearinghouse (`over-the-counter derivative instrument'). The amount of credit risk equals: (i) The market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer; or (ii) Zero if the liquidation of the derivative instrument would not result in a final cash payment to the insurer; (B) If over-the-counter derivative instruments are entered into under a written master agreement which provides for netting of payments owed by the respective parties, and the domiciliary jurisdiction of the counterparty is either within the United States or, if not within the United States, within a foreign jurisdiction listed in the NAIC Purposes and Procedures of the Securities Valuation Office as eligible for netting in accordance with procedures adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner, the net amount of credit risk shall be the greater of zero or the net sum of: (i) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment to the insurer; and (ii) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment by the insurer to the business entity; and (C) For open transactions, market value shall be determined at the end of the most recent quarter of the insurer's fiscal year and shall be reduced by the market value of acceptable collateral held by the insurer or placed in escrow by one or both parties. (5) `Derivative instrument' means a cap, collar, floor, forward, future, option, swap, or warrant, as defined below: (A) `Cap' means an option contract in which the cap writer (seller), in return for a premium, agrees to limit, or cap, the cap holder's (purchaser's) risk associated with an increase in a reference rate or index; (B) `Collar' means a combination of a cap and a floor (one purchased and one written). A collar fixes the rate between two levels (the strike prices of the cap and the floor);

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(C) `Floor' means an option contract in which the floor writer (seller), in return for a premium, agrees to limit the risk associated with a decline in a reference rate or index; (D) `Forward' means a contract in which there is an agreement (other than a futures) between two parties that commit one party to purchase and the other to sell the instrument or commodity underlying the contract at a specified future date; (E) `Future' means a standardized forward contract traded on organized exchanges. Each exchange specifies the standard terms of futures contracts it sponsors. Futures contracts are available for a wide variety of underlying instruments, including insurance, agricultural commodities, minerals, debt instruments (such as U.S. Treasury bonds and bills), composite stock indices, and foreign currencies; (F) `Option' means a contract that gives the option holder (purchaser of the option rights) the right, but not the obligation, to enter into a transaction with the option writer (seller of the option rights) on terms specified in the contract. A call option allows the holder to buy the underlying instrument, while a put option allows the holder to sell the underlying instrument; (G) `Swap' means a contract to exchange, for a period of time, the investment performance of one underlying instrument for the investment performance of another underlying instrument, typically without exchanging the instruments themselves. An interest rate swap is a contractual agreement between two parties to exchange interest rate payments (usually fixed for variable) based on a specified amount of underlying assets or liabilities (known as the notional amount) for a specified period. The swap does not involve an exchange of principal. The result of these transactions is to transform payments from a variable rate to a fixed rate, from a fixed rate to a variable rate or from one variable rate index to another variable rate index; and (H) `Warrant' means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement. (6) `Derivative transaction' means a transaction involving the use of one or more derivative instruments. (7) `Domestic jurisdiction' means the United States, Canada, any state, any province of Canada, or any political subdivision of any of the foregoing. (8) `Equity-like preferred stock' means an investment with the structure of a preferred stock that has the characteristics of an equity instrument.

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(9) `Government sponsored enterprise' means a: (A) Governmental agency; or (B) Corporation, limited liability company, association, partnership, joint stock company, joint venture, trust or other entity or instrumentality organized under the laws of any domestic jurisdiction to accomplish a public policy or other governmental purpose. (10) `Hedging transaction' means a derivative transaction which is entered into and maintained to reduce or manage: (A) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring; or (B) The currency exchange rate risk or the degree of exposure as to assets or liabilities which an insurer has acquired or incurred or anticipates acquiring or incuring. (11) `High grade investment' means an investment rated 1 or 2 by the Securities Valuation Office or any successor office, in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (12) `Lower grade investment' means an investment rated 4, 5, or 6 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (13) `Medium grade investment' means an investment rated 3 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (14) 'Minimum asset requirement' means the sum of an insurer's liabilities and its minimum financial security benchmark. (15) `Minimum financial security benchmark' means the amount an insurer is required to maintain under Code Section 33-11-52. (16) `Potential exposure' means the amount determined in accordance with the NAIC Annual Statement Instructions adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

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(17) `Replication' means a derivative transaction involving one or more derivative instruments being used to modify the cash flow characteristics of one or more investments held by an insurer in a manner so that the aggregate cash flows of the derivative instruments and investments reproduce the cash flows of another investment having a higher risk-based capital charge than the risk-based capital charge of the original investments or investments. (18) `Special rated credit instrument' means an asset-backed/mortgage-backed security authorized by paragraph (2) of Code Section 33-11-55 where the investment is structured such that: (A) The payments are the interest only portion of the underlying collateral; (B) Such payments are reduced as the balance of the underlying collateral is reduced; and (C) Such reduction may cause a significant loss of the original investment. For purposes of this subparagraph, `significant' shall mean a loss of 15 percent or more. (19) `SVO listed mutual fund' means a money market mutual fund or short-term bond fund that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940, and that has been determined by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner to be eligible for special reserve and reporting treatment other than as common stock. 33-11-52. (a) (1) Unless otherwise established in accordance with paragraphs (2) and (3) of this subsection, the amount of the minimum financial security benchmark for an insurer shall be the greater of: (A) The authorized control level risk-based capital applicable to the insurer as set forth by Code Section 33-56-3 less the asset valuation reserve and voluntary investment reserves as defined by the valuation procedures in Code Section 33-10-14; or (B) The minimum capital and surplus required by this title for maintenance of an insurer's certificate of authority. (2) The Commissioner may, in accordance with the factors in paragraph (2) of subsection (b) of this Code section, establish by order a minimum financial security benchmark to apply to a specific insurer provided it is not less than the amount determined by paragraph (1) of this subsection.

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(3) The Commissioner may establish by regulation a minimum financial security benchmark that is a multiple of authorized control level risk-based capital to apply to any class of insurers provided the amount established by the regulation is not less than the amount determined in paragraph (1) of this subsection. (b) The Commissioner shall determine the amount of surplus that shall constitute an insurer's minimum financial security benchmark, as an amount that will provide reasonable security against contingencies affecting the insurer's financial position that are not fully covered by reserves or by reinsurance. (1) The Commissioner shall consider the risks of the following types of contingencies: (A) Increases in the frequency or severity of losses beyond the levels contemplated by the rates charged; (B) Increases in expenses beyond those contemplated by the rates charged; (C) Decreases in the value of or the return on invested assets below those planned on; (D) Changes in economic conditions that would make liquidity more important than contemplated and would force untimely sale of assets or prevent timely investments; (E) Currency devaluation to which the insurer may be subject; and (F) Any other contingencies the Commissioner can identify that may affect the insurer's operations. (2) In determining an insurer's minimum financial security benchmark under this subsection, the Commissioner shall take into account the following factors: (A) The most reliable information available as to the magnitude of the various risks under paragraph (1) of this subsection; (B) The extent to which the risks in paragraph (1) of this subsection are independent of each other or are related, and whether any dependency is direct or inverse; (C) The insurer's recent history of profits or losses; (D) The extent to which the insurer has provided protection against the contingencies in other ways than the establishment of surplus; including redundancy of premiums, adjustability of contracts under their terms, investment valuation reserves whether voluntary or mandatory, appropriate reinsurance, the use of conservative actuarial assumptions to provide a margin of security, reserve adjustments in recognition of previous rate inadequacies,

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contigency or catastrophe reserves, diversification of assets and underwriting risks; (E) Independent judgments of the soundness of the insurer's operations, as evidenced by the ratings of reliable professional financial reporting services; and (F) Any other relevant factors. (3) An insurer subject to the provisions of this article shall invest and maintain invested funds not less in amount than the minimum financial security benchmark only in the following: (A) Cash; (B) Certificates of deposit or similar certificates or evidences of deposit in banks and trust companies to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; (C) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building loan associations to the extent that the same are insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation; (D) Bonds, notes, warrants, and other evidences of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment of principal and interest; (E) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty; (F) Bonds, notes, warrants, and other securities not in default which are the direct obligations of any domestic jurisdiction, or for which the full faith and credit of such domestic jurisdiction has been pledged for the payment of principal and interest; (G) The obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or insular possession of the United States, or of the District of Columbia, or of the Canadian cities having a population of over 25,000 according to the most recent official census, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants,

Page 605

certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment; (H) Bonds, notes, or other evidences of indebtedness, in addition to those eligible corporate bonds and debentures, which are secured by first mortgages on real estate situated within a domestic jurisdiction, or purchase money mortgages or like securities received upon the sale or exchange of real property acquired; provided, however, that not more than 45 percent in the case of life insurers, and not more than 25 percent in the case of nonlife insurers, of the minimum financial security benchmark may be made up of such investments; (I) High grade investments in corporate bonds and debentures having a remaining maturity of five years or less; and (J) Any other investment not otherwise prohibited by this article that is considered exempt from risk based capital requirements pursuant to Code Section 33-56-2 in accordance with risk-based capital instructions adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. 33-11-53. The following factors shall be evaluated by the insurer and considered along with its business in determining whether an investment portfolio or investment policy is prudent, and the Commissioner shall consider the following factors prior to making a determination that an insurer's investment portfolio or investment policy is not prudent: (1) General economic conditions; (2) The possible effect of inflation or deflation; (3) The expected tax consequences of investment decisions or strategies; (4) The fairness and reasonableness of the terms of an investment considering its probable risk and reward characteristics and relationship to the investment portfolio as a whole; (5) The extent of the diversification of the insurer's investments among: (A) Individual investments; (B) Classes of investments; (C) Industry concentrations;

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(D) Dates of maturity; and (E) Geographic areas; (6) The quality and liquidity of investments in affiliates; (7) The investment exposure to the following risks, quantified in a manner consistent with the insurer's acceptable risk level appropriate for the insurer given the level of capitalization and expertise available to the insurer: (A) Liquidity; (B) Credit and default; (C) Systemic (market); (D) Interest rate; (E) Call, prepayment and extension; (F) Currency; and (G) Foreign sovereign, political subdivision, and corporate; (8) The amount of the insurer's assets, capital and surplus, premium writings, insurance in force, and other appropriate characteristics; (9) The amount and adequacy of the insurer's reported liabilities; (10) The relationship of the expected cash flows of the insurer's assets and liabilities, and the risk of adverse changes in the insurer's assets and liabilities; (11) The adequacy of the insurer's capital and surplus to secure the risks and liabilities of the insurer; and (12) Any other factors appropriate for consideration and relevant to whether an investment is prudent. 33-11-54. (a) An insurer's board of directors shall adopt a written plan for acquiring and holding investments and for engaging in investment practices that specifies guidelines as to the quality, maturity, and diversification of investments and other specifications, including investment strategies intended to assure that the investments and investment practices are appropriate for the business conducted by the insurer, its liquidity needs, and its capital and surplus. The board shall review and assess the insurer's technical investment and administrative capabilities and expertise before adopting a written plan concerning an investment strategy or investment practice. (b) Investments acquired and held under this article shall be acquired and held under the supervision and direction of the board of directors

Page 607

of the insurer. The board of directors shall evidence by formal resolution, at least annually, that it has determined whether all investments have been made in accordance with delegations, standards, limitations, and investment objectives prescribed by the board or a committee of the board charged with the responsibility to direct its investments. (c) On no less than a quarterly basis, and more often if deemed appropriate, an insurer's board of directors or committee of the board of directors shall: (1) Receive and review a summary report on the insurer's investment portfolio, its investment activities, and investment practices engaged in under delegated authority, in order to determine whether the investment activity of the insurer is consistent with its written plan; and (2) Review and revise, as appropriate, the written plan. (d) In discharging its duties under this Code section, the board of directors shall require that records of any authorizations or approvals, other documentation as the board may require, and reports of any action taken under authority delegated under the plan referred to in subsection (a) of this Code section shall be made available on a regular basis to the board of directors. (e) If an insurer does not have a board of directors, all references to the board of directors in this article shall be deemed to be references to the governing body of the insurer having authority equivalent to that of a board of directors. (f) In discharging their duties under this Code section, the directors of an insurer shall perform their duties to the same degree required by Code Section 14-2-830. 33-11-55. (a) The following classes of investments are eligible for support of an insurer's outstanding liabilities, whether they are made directly or through limited partnership interests, joint ventures, stock of an investment subsidiary or membership interests in a limited liability company, trust certificates, participation certificates, or other similar instruments and, with the prior written approval of the Commissioner, general partnership interests: (1) Cash; (2) Bonds, investment pools, trust certificates, asset-backed/mortgage-backedsecurities, SVO listed mutual funds, debt-like preferred stock, or evidences of indebtedness of governmental units or government sponsored enterprises of a domestic jurisdiction, or private business entities domiciled in a domestic jurisdiction; (3) (A) Obligations secured by mortgages on real estate situated within a domestic jurisdiction, in an aggregate amount which,

Page 608

together with those investments made pursuant to paragraph (6) of this subsection, does not exceed 45 percent of admitted assets in the case of life insurers and 25 percent in the case of nonlife insurers; but a mortgage loan which is secured by other than a first lien may only be acquired when: (i) The insurer is the holder of the first lien; or (ii) No senior loan is cross-collateralized or cross-defaulted with another mortgage loan secured by real estate, and the insurer has the right to cure a default on any senior loans. (B) The obligations held by the insurer and any obligations with an equal lien priority shall not, at the time of acquisition of the obligation, exceed: (i) Ninety percent of the fair market value of the real estate, if the mortgage loan is secured by a purchase money mortgage or like security received by the insurer upon disposition of the real estate; (ii) Eighty percent of the fair market value of the real estate, if the mortgage loan requires immediate scheduled payment in periodic installments of principal and interest, has an amortization period of 30 years or less, and has periodic payments made no less frequently than annually. Each periodic payment shall be sufficient to assure that at all times the outstanding principal balance of the mortgage loan shall be not greater than the outstanding principal balance that would be outstanding under a mortgage loan with the same original principal balance, with the same interest rate and requiring equal payments of principal and interest with the same frequency over the same amortization period. Mortgage loans permitted under this subsection are permitted notwithstanding the fact that they provide for a payment of the principal balance prior to the end of the period of amortization of the loan. For residential mortgage loans, the 80 percent limitation may be increased to 97 percent if acceptable private mortgage insurance has been obtained; or (iii) Seventy-five percent of the fair market value of the real estate for mortgage loans that do not meet the requirements of division (i) or (ii) of this subparagraph. (C) For purposes of subparagraph (A) of this paragraph, the amount of an obligation required to be included in the calculation of the loan-to-value ratio may be reduced to the extent the obligation is insured by the Federal Housing Administration or guaranteed by the United States Department of Veterans Affairs, or their successors.

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(D) Subject to the limitations of Code Section 33-11-58, credit tenant loans with the following characteristics shall be exempt from the provisions of subparagraph (B) of this paragraph: (i) The loan amortizes over the initial fixed lease term at least in an amount sufficient so that the loan balance at the end of the lease term does not exceed the original appraised value of the real estate; (ii) The lease payments cover or exceed the total debt service over the life of the loan; (iii) A tenant or its affiliated entity whose outstanding obligations have a high grade designation or a comparable rating from a Nationally Recognized Statistical Rating Organization recognized by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner and where the tenant or its affiliated entity has a full faith and credit obligation to make the lease payments; (iv) The insurer holds or is the beneficial holder of a first lien mortgage on the real estate; (v) The expenses of the real estate are passed through to the tenant, excluding exterior, structural, parking, and heating, ventilation, and air conditioning replacement expenses, unless annual escrow contributions from cash flows derived from the lease payments cover the expense shortfall; and (vi) There is a perfected assignment of the rents due pursuant to the lease to, or for the benefit of, the insurer. (E) An insurer shall not acquire an investment under this paragraph if, as a result of and after giving effect to the investment, the aggregate amount of all investments then held by the insurer under this paragraph would exceed: (i) Four percent of its admitted assets in mortgage loans covering any one secured location; (ii) One percent of its admitted assets in construction loans covering any one secured location; or (iii) Eight percent of its admitted assets in construction loans in the aggregate; (4) Common stock or equity-like preferred stock or equity interests in any business entity in a domestic jurisdiction, or shares of mutual funds registered with the Securities and Exchange Commission of the

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United States under the Investment Company Act of 1940, other than Securities Valuation Office listed mutual funds, in an amount not exceeding 20 percent of admitted assets in the case of life insurers, and 25 percent in the case of nonlife insurers; (5) Real property for the convenient accommodation of the insurer's (which may include its affiliates) business operations, including home office, branch office, and field office operations, in an amount not exceeding 10 percent of admitted assets; (A) Real estate acquired under this paragraph may include excess space for rent to others, if the excess space, valued at its fair market value, would otherwise be a permitted investment under paragraph (6) of this subsection and is so qualified by the insurer; (B) The real estate acquired under this paragraph may be subject to one or more mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are without recourse to the insurer, be deducted from the amount of the investment of the insurer in the real estate for purposes of determining compliance with this Code section; and (C) For purposes of this paragraph, business operations shall not include that portion of real estate used for the direct provision of health care services by an accident and sickness insurer for its insureds. An insurer may acquire real estate used for these purposes under paragraph (6) of this subsection; (6) Real property, together with the fixtures, furniture, furnishings, and equipment pertaining thereto situated in a domestic jurisdiction, in an amount not exceeding 20 percent of admitted assets in the case of life insurers, and 10 percent in the case of nonlife insurers. Real estate acquired under this paragraph: (A) Shall be income producing or intended for improvement or development for investment purposes under an existing program (in which case the real estate shall be deemed to be income producing); (B) May be subject to mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are without recourse to the insurer, be deducted from the amount of the investment of the insurer in the real estate for purposes of determining compliance with subparagraph (C) of this paragraph; and (C) An insurer shall not acquire an investment under this paragraph if, as a result of and after giving effect to the investment and any outstanding guarantees made by the insurer in connection with

Page 611

the investment, the aggregate amount of investments then held by the insurer under this paragraph plus the guarantees then outstanding would exceed: (i) Four percent of its admitted assets in one parcel or group of contiguous parcels of real estate, except that this limitation shall not apply to that portion of real estate used for the direct provision of health care services by an accident and sickness insurer for its insureds, such as hospitals, medical clinics, medical professional buildings, or other health facilities used for the purpose of providing health services; or (ii) Fifteen percent of its admitted assets in the aggregate; (7) Loans, securities, or other investments of the types described in paragraphs (1) through (6) of this subsection in countries other than the United States and Canada; provided that the aggregate amount of investments shall not exceed 20 percent of admitted assets; (8) Bonds or other evidences of indebtedness of international development organizations of which the United States is a member, in an amount not exceeding 5 percent of admitted assets in each organization; (9) Loans upon the security of the insurer's own policies in amounts that are adequately secured by the policies and that in no case exceed the surrender values of the policies; (10) Tangible personal property under contract of sale or lease under which contractual payments may reasonably be expected to return the principal of and provide earnings on the investment within its anticipated useful life, in an amount not exceeding 2 percent of admitted assets; (11) Loans guaranteed as to principal and interest by the Georgia Higher Education Assistance Corporation, to the extent of such guaranty; (12) Chattel mortgage loans as follows: (A) In connection with a loan on the security of real estate designed and used primarily for residential purposes only, which loan was acquired in accordance with paragraph (3) of subsection (a) of this Code section, an insurer may lend or invest an amount not exceeding 20 percent of the amount loaned on a chattel mortgage to be amortized by regular periodic payments within a term of not more than five years, and representing a first and prior lien, except for taxes not then delinquent, on personal property constituting durable equipment owned by the mortgagor or security grantor and kept and used in the mortgaged premises;

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(B) For the purpose of this paragraph, the term `durable equipment' shall include only mechanical refrigerators, air-conditioning equipment, mechanical laundering machines, heating and cooking stoves and ranges, and in addition, in the case of apartment houses and hotels, room furniture and furnishings; (C) Prior to the acquisition of a chattel mortgage as prescribed by this Code section, items of property to be included in such mortgage shall be separately appraised by a qualified appraiser and the fair market value of such items of property determined. No chattel mortgage loan shall exceed in amount the same ratio of loan to the value of the property as is applicable to the companion loan on the real property; and (D) This paragraph shall not prohibit an insurer from taking liens on personal property as additional security for any investment otherwise eligible under this article; (13) (A) If real property securing any evidence of indebtedness held by an insurer is used for agricultural purposes and a proceeding to foreclose the security instrument or an insolvency proceeding relating to the mortgagor has been commenced or, if the mortgagor has made an assignment for the benefit or creditors, the insurer may, for the purpose of preserving or enhancing the earnings of the property: (i) Purchase agricultural livestock or equipment and utilize the same or cause the same to be utilized in the operation of the property by the mortgagor, or a receiver or trustee, or by the insurer-creditor; or (ii) Lend up to the value of any agricultural equipment or livestock which may be used in the operation of the property, on the security of a first lien on the equipment and livestock. (B) Nothing in this Code section shall be deemed to limit any right which the insurer may otherwise have under or with respect to any loan, mortgage, or investment; (14) Subject to prior approval of the Commissioner, an insurer may acquire and hold real property for recreation, hospitalization, convalescence, and retirement purposes of its employees. All investments under this paragraph shall not exceed 5 percent of the insurer's surplus; or, if a mutual or reciprocal insurer, all of those investments shall not exceed 5 percent of the insurer's surplus in excess of the surplus required to be maintained under this title for its authority to transact insurance; (15) Other investments the Commissioner authorizes by regulation; and

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(16) Investments not otherwise expressly permitted by this Code section but not specifically prohibited by statute, to the extent of not more than 10 percent of the insurer's admitted assets. (b) An insurer may exceed the aggregate limitation contained in paragraph (3) of subsection (a) of this Code section by no more than 30 percent of its admitted assets if: (1) This increased amount is invested only in residential mortgage loans; (2) The insurer has no more than 10 percent of its admitted assets invested in mortgage loans other than residential mortgage loans; (3) The loan-to-value ratio of each residential mortgage loan does not exceed 60 percent at the time the mortgage loan is qualified under this increased authority, and the fair market value is supported by an appraisal no more than two years old, prepared by an independent appraiser; and (4) A single mortgage loan qualified under this increased authority shall not exceed 0.5 percent of its admitted assets. (c) With the permission of the Commissioner, additional amounts of real estate may be acquired under paragraph (5) of subsection (a) of this Code section. 33-11-56. (a) An insurer may, directly or indirectly through an investment subsidiary, engage in derivative transactions under this article under the following conditions: (1) An insurer may use derivative instruments under this Code section to engage in hedging transactions which manage risk and certain income generation transactions, as these terms may be further defined in regulation promulgated by the Commissioner; (2) An insurer shall be able to demonstrate to the Commissioner the intended hedging characteristics and the ongoing effectiveness of the derivative transaction or combination of the transactions through cash flow testing or other appropriate analyses. (3) An insurer may enter into hedging transactions under this Code section if, as a result of and after giving effect to the transaction: (A) The aggregate statement value of options, caps, floors and warrants not attached to another financial instrument purchased and used in hedging transactions does not exceed 7.5 percent of its admitted assets; (B) The aggregate statement value of options, caps, and floors written in hedging transactions does not exceed 3 percent of its admitted assets; and

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(C) The aggregate potential exposure of collars, swaps, forwards, and futures used in hedging transactions does not exceed 6.5 percent of its admitted assets; (4) An insurer may only enter into the types of income generation transactions described in subparagraphs (A) through (D) of this paragraph if, as a result of and after giving effect to the transactions, the aggregate statement value of the fixed income assets that are subject to call or that generate the cash flows for payments under the caps or floors, plus the face value of fixed income securities underlying a derivative instrument subject to call, plus the amount of the purchase obligations under the puts, does not exceed 10 percent of its admitted assets: (A) Sales of covered call options on noncallable fixed income securities, callable fixed income securities if the option expires by its terms prior to the end of the noncallable period, or derivative instruments based on fixed income securities; (B) Sales of covered call options on equity securities, if the insurer holds in its portfolio, or can immediately acquire through the exercise of options, warrants, or conversion rights already owned, the equity securities subject to call during the complete term of the call option sold; (C) Sales of covered puts on investments that the insurer is permitted to acquire under this article, if the insurer has escrowed, or entered into a custodian agreement segregating, cash or cash equivalents with a market value equal to the amount of its purchase obligations under the put during the complete term of the put option sold; or (D) Sales of covered caps or floors, if the insurer holds in its portfolio the investments generating the cash flow to make the required payments under the caps or floors during the complete term that the cap or floor is outstanding; and (5) An insurer shall include all counterparty exposure amounts in determining compliance with the limitations of this article. (b) The Commissioner may approve additional transactions involving the use of derivative instruments in excess of the limits of this Code section or for other risk management purposes under regulations promulgated by the Commissioner. 33-11-57. (a) Investments not conforming to this article shall not be admitted assets. (b) Subject to subsection (c) of this Code section, an insurer shall not acquire or hold an investment as an admitted asset unless at the time of acquisition it is:

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(1) Eligible for the payment or accrual of interest or discount (whether in cash or other forms of income or securities), eligible to receive dividends or other distributions, or is otherwise income producing; (2) Acquired under Code Section 33-11-55, Code Section 33-11-56, or Code Section 33-11-63, as a result of secutiries lending, repurchase, reverse repurchase, dollar roll transactions or, if a life insurer, the administration of policy loans; or (3) Under the authority of provisions of this chapter other than this article. (c) An insurer may acquire or hold as admitted assets investments that do not otherwise qualify as provided in this article if the insurer has not acquired them for the purpose of circumventing any limitations contained in this article, the insurer complies with the provisions of Code Section 33-11-60 and values such investments in accordance with Code Section 33-10-14, and if the insurer acquires the investments in the following circumstances: (1) As payment on account of existing indebtedness or in connection with the refinancing, restructuring, or workout of existing indebtedness, if taken to protect the insurer's interest in that investment; (2) As realization on collateral for an obligation; (3) In connection with an otherwise qualified investment or investment practice, as interest on or a dividend or other distribution related to the investment or investment practice or in connection with the refinancing of the investment, in each case for no additional or only nominal consideration; (4) Under a lawful and bona fide agreement of recapitalization or voluntary or involuntary reorganization in connection with an investment held by the insurer; or (5) Under a bulk reinsurance, merger, or consolidation transaction approved by the Commissioner if the assets constitute admissible investments for the ceding, merged, or consolidated companies. (d) An investment or portion of an investment acquired by an insurer under subsection (c) of this Code section shall become a nonadmitted asset three years (or five years in the case of mortgage loans and real estate) from the date of its acquisition, unless within that period the investment has become a qualified investment under a provision of this article other than subsection (c) of this Code section, but an investment acquired under an agreement of bulk reinsurance, merger, or consolidation may be qualified for a longer period if so provided in the plan for reinsurance, merger, or consolidation as approved by the Commissioner. Upon application by the insurer and a showing that the nonadmission of

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an asset held under subsection (c) of this Code section would materially injure the interests of the insurer, the Commissioner may extend the period for admissibility for an additional reasonable period of time. (e) Except as provided in subsections (f) and (h) of this Code section, an investment acquired or committed to be acquired prior to the effective date of this article shall qualify under this article if, on the date the insurer committed to acquire the investment or on the date of its acquisition, it would have qualified under provisions of this chapter then in effect. For the purposes of determining limitations contained in this article, an insurer shall give appropriate recognition to any commitments to acquire investments. (f) (1) Each specific transaction constituting an investment practice of the type described in this article that was lawfully entered into by an insurer and was in effect on the effective date of this article shall continue to be permitted under this article until its expiration or termination under its terms. (2) A mortgage made pursuant to Code Section 33-11-55 or held as an admitted asset pursuant to paragraph (1) of this subsection shall remain qualified as an admitted asset regardless of any refinancing, modification, or extension of such mortgage loan. (g) Unless otherwise specified, an investment limitation computed on the basis of an insurer's admitted assets or capital and surplus shall relate to the amount required to be shown on the statutory balance sheet of the insurer most recently required to be filed with the Commissioner. (h) An investment qualified, in whole or in part, for acquisition or holding as an admitted asset may be qualified or requalified at the time of acquisition or a later date, in whole or in part, under any other provision of this article, if the relevant conditions contained in such other provision are satisfied at the time of qualification or requalification. (i) An insurer shall maintain documentation demonstrating that investments were acquired in accordance with this article and specifying the Code section under which they were acquired. (j) An insurer shall not enter into an agreement to purchase securities in advance of their issuance for resale to the public as part of a distribution of the securities by the issuer or otherwise guarantee the distribution, except that an insurer may acquire privately placed securities with registration rights. (k) Notwithstanding the provisions of this article, the Commissioner, for good cause, may order under an insurer to nonadmit, limit, dispose of, withdraw from, or discontinue an investment or investment practice. The authority of the Commissioner under this subsection is in addition to any other authority of the Commissioner.

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(l) Insurance futures and insurance futures options are not considered investments or investment practices for purposes of this article. 33-11-58. (a) (1) For purposes of determining compliance with Code Section 33-11-61, securities of a single issuer and its affiliates, other than: (A) The government of the United States; or (B) Government sponsored enterprises, shall not exceed 10 percent of admitted assets. (2) This limitation shall not apply to the aggregate amounts insured by a single financial guaranty insurer with the highest generic rating issued by a Nationally Recognized Statistical Rating Organization. (b) For the purpose of determining compliance with the limitations of this Code section, the admitted portion of assets of subsidiaries authorized under Code Section 33-13-2 shall be deemed to be owned directly by the insurer and any other investors in proportion to the market value or, if there is no market, the reasonable value, of their interest in the subsidiaries. (c) To the extent that investments exceed the limitations specified in subsections (a) and (b) of this Code section, the excess may be assigned to the investment class authorized in paragraph (15) of Code Section 33-11-55, until that limit is exhausted. (d) Unless otherwise specified, an investment limitation computed on the basis of an insurer's admitted assets or capital and surplus shall relate to the amount required to be shown on the statutory balance sheet of the insurer most recently required to be filed with the Commissioner. (e) Notwithstanding any provision of the federal Secondary Mortgage Enhancement Act, 15 U.S.C. Section 77r-1, to the contrary, any insurer subject to the provisions of this article shall comply with all restrictions and limitations concerning investments provided in this article. (f) Notwithstanding any other provision of this article, an insurer authorized to transact insurance in a foreign country may make investments, in a manner consistent with the laws of such country, in securities or other investments which are similar in characteristics and quality to like investments required pursuant to this chapter for investments in the United States of America. The aggregate amount of the investments must not exceed the amount which is customary and necessary for the servicing of the insurance which the insurer has in force in the foreign country. (g) Subject to the restrictions and limitations provided in this article, an insurer may invest in bonds, notes, warrants, and other securities not in

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default which are the direct obligations of the government of any foreign country for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as high by a securities rating organization accepted by the National Association of Insurance Commissioners in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. 33-11-59. An insurer doing business that requires it to make payment in different currencies shall have investments in securities in each of these currencies in an amount that independently of all other investments meets the requirements of this article as applied separately to the insurer's obligations in each currency. The Commissioner may by order exempt an insurer, or by regulation a class of insurers, from this requirement if the obligations in other currencies are small enough that no significant problem for financial solidity would be created by substantial fluctuations in relative currency values. 33-11-60. In addition to investments excluded or prohibited pursuant to other provisions of this article, an insurer shall not, directly or indirectly: (1) Engage on its own behalf or through one or more affiliates in a transaction or series of transactions designed to evade the prohibitions of this article; or (2) Invest in or lend its funds upon the security of shares of its own stock, except that an insurer may acquire shares of its own stock for the following purposes, but the shares shall not be admitted assets of the insurer: (A) Conversion of a stock insurer into a mutual or reciprocal insurer or a mutual or reciprocal insurer into a stock insurer; (B) Issuance to the insurer's officers, employees or agents in connection with a plan approved by the Commissioner for converting a publicly held insurer into a privately held insurer or in connection with other stock option and employee benefit plans; or (C) In accordance with any other plan approved by the Commissioner. 33-11-61. (a) Invested assets may be counted toward satisfaction of the minimum asset requirement only so far as they are invested in compliance with this article and applicable regulations promulgated and orders issued by the

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Commissioner pursuant to this article. Assets other than invested assets may be counted toward satisfaction of the minimum asset requirement at admitted annual statement value. (b) An investment held as an admitted asset by an insurer on the effective date of this article which qualified under Article 1 of this chapter shall remain qualified as an admitted asset under this article. (c) If an insurer does not own, or is unable to apply toward compliance with this article, an amount of assets equal to its minimum asset requirement, the Commissioner may deem it to be financially hazardous under Chapter 37 of this title. 33-11-62. (a) The Commissioner may retain at the insurer's expense attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist in reviewing the insurer's investments. Persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (b) The investment policy or information related to the investment policy provided to the Commissioner for review under this article shall be considered confidential and shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50 or subject to subpoena, and shall be subject to disclosure only as required for purposes of and in accordance with this title. 33-11-63. (a) If the Commissioner determines that an insurer's investment practices do not meet the provisions of this article, the Commissioner may, after notification to the insurer of the Commissioner's findings, order the insurer to make changes necessary to comply with the provisions of this article. (b) If the Commissioner determines that by reason of the financial condition, current investment practice, or current investment plan of an insurer, the interests of insureds, creditors, or the general public are or may be endangered, the Commissioner may impose reasonable additional restrictions upon the admissibility or valuation of investments or may impose restrictions on the investment practices of an insurer, including prohibition or divestment. (c) If the Commissioner is satisfied by evidence of an insurer's financial strength and the competence of management and its investment advisors, the Commissioner may count toward satisfaction of the minimum asset requirement any other investment not specifically prohibited by this article to the extent that the Commissioner is satisfied that the

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interests of insureds, creditors, and the general public of this state are protected. 33-11-64. (a) An insurer shall not acquire an investment under this article if, as a result of and after giving effect to the investment, the aggregate amount of all investments then held by the insurer under this article would exceed: (1) For medium and lower grade investments, 20 percent of admitted assets; (2) For lower grade investments, 10 percent of admitted assets; (3) For investments rated 5 or 6 by the Securities Valuation Office or any successor office pursuant to the valuation procedures of Code Section 33-10-14, 5 percent of admitted assets; or (4) For investments rated 6 by the Securities Valuation Office or any successor office pursuant to the valuation procedures of Code Section 33-10-14, 1 percent of admitted assets. (b) The aggregate amount of special rated credit instruments held by an insurer pursuant to the valuation procedures of Code Section 33-10-14 shall not exceed 10 percent of admitted assets. 33-11-65. (a) Any domestic life insurance company may establish one or more separate accounts and may allocate to such separate account or accounts, in accordance with the terms of a written agreement, any amounts paid to the company in connection with a pension, retirement, or profit-sharing plan, which is established by or in behalf of any group listed in Code Section 33-27-1, which are to be applied to provide benefits payable in fixed or variable dollar amounts. (b) The amounts allocated to each account and accumulations thereon may be invested and reinvested in any class of investments which may be authorized in the written agreement without regard to any requirements or limitations prescribed by the laws of this state governing the investments of domestic life insurance companies, provided that, to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of domestic life insurance companies, as set forth in this article. The investments in such separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company.

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(c) The income, if any, and gains and losses realized or unrealized on each account shall be credited to or charged against the amounts allocated to the account in accordance with the written agreement, without regard to other income, gains, or losses of the company. (d) Assets allocated to a separate account shall be valued at their market value on the date of valuation or, if there is no readily available market, in accordance with the terms of the applicable written agreement, provided that the portion of the assets of such separate account at least equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subsection (b) of this Code section, if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. (e) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to those amounts. (f) If the agreement provides for payment of benefits in variable amounts, any contract entered into pursuant to this chapter and delivered in this state providing for such variable benefits shall be a group annuity contract. Such contract shall: (1) Cover at least ten persons at the time it is entered into; (2) Be for the purpose of funding a pension, retirement, or profit-sharing plan or agreement which meets the requirements for qualification under Section 401, 403, or 414 of the United States Internal Revenue Code, as now or hereafter amended, or any corresponding provisions of prior or subsequent United States revenue laws; and (3) Prohibit the allocation to the separate account of any payment or contribution made by any employee. The contract shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amounts of such variable benefits. The contract and any group certificate issued under the contract shall state that such dollar amounts may decrease or increase and shall contain on its first page, in a prominent position, a statement that the benefits under the contract are on a variable basis. (g) No domestic life insurance company and no foreign or Canadian life insurance company admitted to transact business in this state shall be authorized to deliver within this state any contract entered into pursuant to this article and providing benefits in variable amounts until said company has satisfied the Commissioner that its condition or methods of operation in connection with the issuance of such contracts will not be such as would render its operation hazardous to the public or its

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policyholders in this state. In determining the qualification of a company requesting authority to deliver the contracts in this state, the Commissioner shall consider, among other things: (1) The history and financial condition of the company; (2) The character, responsibility, and general fitness of the officers and directors of the company; and (3) In the case of a foreign or Canadian company, whether the regulations provided by the state of its domicile or that province in which its head office is located provides a degree of protection to policyholders and the public which is substantially equal to that provided by this Code section and the rules and regulations issued thereunder. (h) Notwithstanding any other provisions of law, the Commissioner shall have sole authority to issue such reasonable rules and regulations as may be necessary to carry out the purposes of this Code section. (i) Nothing in this Code section shall be deemed to repeal any provision of Code Section 33-25-9 and no contract or agreement made pursuant to this Code section, or policy or certificate issued under this Code section, shall be construed to violate Code Section 33-25-9. 33-11-66. (a) This Code section is cumulative of and in addition to the authority granted by any other law of this state relating to separate accounts for insurance companies or to annuity contracts on a variable basis and shall not be deemed to repeal or affect the provisions of Code Section 33-11-65 dealing with the group variable annuity contracts referred to in subsection (f) of Code Section 33-11-65. (b) When used in this Code section, the term `variable annuity contract' shall mean any individual or group contract issued by an insurance company or annuity company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of the contracts have been placed. (c) Any domestic life insurance company may establish one or more separate accounts and may allocate to those accounts amounts to provide for annuities (and benefits incidental thereto) payable in fixed or variable amounts or both. (d) Except as provided in subsection (f) of this Code section, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations

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prescribed by the laws of this state governing the investments of domestic life insurance companies, provided that, to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company. (e) To the extent any such domestic company deems it necessary to comply with any applicable federal or state laws, the company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest in such separate account appropriate voting and other rights and special procedures for the conduct of the business of such account, including without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with the company, to manage the business of the account. This subsection shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as provided in this Code section. (f) No domestic company shall, for any separate account, purchase the voting securities of a single issuer if such purchase would result in such company, and all domestic insurance companies, directly or indirectly controlling, controlled by, or under common control with the company and holding in the company's or companies' separate account or accounts an amount in excess of 10 percent of the total issued and outstanding voting securities of the issuer, provided that this limitation shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interests in such accounts. This limitation shall not apply to the investment for a separate account in the securities of an investment company registered under the Investment Company Act of 1940. (g) No sale, exchange, or other transfer of assets may be made by any domestic company between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made and unless the transfer, whether into or from a separate account,

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is made by transfer of cash or by a transfer of securities having a readily determinable market value, provided that transfer of securities is approved by the Commissioner. The Commissioner may approve other transfers among such accounts if, in his or her opinion, the transfers would not be inequitable. (h) The income, if any, and gains and losses, realized or unrealized, from assets allocated to each account shall be credited to or charged against the account without regard to income, gains, or losses of the company. (i) Unless otherwise approved by the Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation or, if there is no readily available market, as provided under the terms of the contract or the rules or other written agreement applicable to such separate account, provided that the portion of the assets of the separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subsection (d) of this Code section, if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. The reserve liability for variable annuity contracts shall be determined in accordance with actuarial procedures that recognize the variable nature of the benefits provided and any mortality guarantees. (j) The amounts held in any separate account shall not be chargeable with liabilities arising out of any other business the company may conduct but shall be held and applied exclusively for the benefit of the owners or beneficiaries of the variable annuity contracts applicable thereto. (k) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable annuity contracts may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such contracts such voting rights as are set forth in subsection (e) of this Code section. Each domestic life insurance company may allocate from its general accounts to each separate account established under this Code section an initial cash amount necessary to meet minimum capitalization requirements for such account as prescribed by the Securities and Exchange Commission, provided that the total of all such allocations shall not exceed 10 percent of the company's assets or $1 million, whichever is less. Any allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable annuity contracts and allocated to a separate account to meet the minimum capitalization requirement. (l) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the

Page 625

company shall not be, or hold itself out to be, a trustee with respect to such amounts. (m) Any variable annuity contract providing benefits payable in variable amounts issued under this Code section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of such variable benefits. Any contract, including a group contract and certificate in evidence or variable benefits issued under such contract, shall state that such dollar amount will vary to reflect investment experience and shall contain on its first page a statement to the effect that benefits under the contract are on a variable basis. (n) No company shall deliver or issue for delivery variable annuity contracts within this state unless it is licensed or organized to do a life insurance or annuity business in this state or is organized as a nonprofit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strengthening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research and the Commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The character, responsibility, and fitness of the officers and directors of the company; and (3) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. (o) The Commissioner shall have sole and exclusive authority to regulate the issuance or sale of the contracts and to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Code section; and the contracts, the companies which issue them, and the agent or other persons who sell them shall not be subject to Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' in the sale of the contracts. (p) Notwithstanding any other laws of this state, no person shall, within this state, sell or offer for sale variable annuity contracts as defined in this Code section unless the person shall have both a valid and current life insurance license and variable annuity license issued by the Commissioner. No license shall be issued unless and until the Commissioner is satisfied, after examination, that the person is by training, knowledge, ability, and character qualified to act as such a variable annuity agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable annuity agent's license upon any ground

Page 626

that would bar the applicant or the agent from being licensed to sell life insurance contracts in this state or for the violation of any federal or state securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable annuity agent's license. Renewal of a variable annuity agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state. (q) No contract or agreement made pursuant to this Code section or policy or certificate issued under this Code section shall be construed to violate Code Section 33-25-9, and the sale or offer of any policy or certificate shall not be deemed an unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of paragraph (7) and subparagraphs (B) and (C) of paragraph (8) of Code Section 33-6-4. (r) Except for paragraphs (1), (5), and (6) of subsection (b) of Code Section 33-28-2 and except as otherwise provided in this Code section, all pertinent provisions of this title shall apply to separate accounts and variable annuity contracts relating thereto. The Commissioner, by regulation, may require that any individual variable annuity contract delivered or issued for delivery in this state contain provisions as to grace period and reinstatement appropriate for a variable annuity contract. 33-11-67. (a) As used in this Code section, `variable life insurance policy' means any individual or group policy issued by an insurance company providing for life insurance and benefits incidental thereto, under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed. (b) A domestic life insurance company may establish one or more separate accounts and may allocate to the accounts amounts including without limitation proceeds applied under optional modes of settlement or under dividend options to provide for life insurance and benefits incidental thereto, payable in variable amounts, subject to the following: (1) The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account, without regard to other income, gains, or losses of the company; (2) Except as provided in paragraph (4) of this subsection, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this state governing the investments of

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domestic life insurance companies, provided that, to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of the separate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company; (3) To the extent any domestic company deems it necessary to comply with any applicable federal or state laws, the company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein appropriate voting and other rights and special procedures for the conduct of the business of the account, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with the company, to manage the business of such account. This paragraph shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as provided in paragraph (4) of this subsection; (4) No domestic company shall, for any separate account, purchase the voting securities of a single issuer if the purchase would result in the company and all domestic insurance companies directly or indirectly controlling, controlled by, or under common control with the company and holding in the company's or companies' separate account or accounts an amount in excess of 10 percent of the total issued and outstanding voting securities of the issuer, provided that this limitation shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interest in the accounts. This limitation shall not apply to the investment for a separate account in the securities of an investment company registered under the Investment Company Act of 1940; (5) Unless otherwise approved by the Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation or, if there is no readily available market, as provided under the terms of the policy or the rules or other written agreement applicable to the separate account, provided that, unless otherwise approved by the Commissioner, the portion, if any, of the assets of such separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in paragraph

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(2) of this subsection shall be valued in accordance with the rules otherwise applicable to the company's assets; (6) Amounts allocated to a separate account in the exercise of the power granted by this Code section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to such amounts. If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct; and (7) No sale, exchange, or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the operation of the policies with respect to the separate account to which the transfer is made and unless the transfer, whether into or from a separate account, is made by a transfer of cash or by a transfer of securities having a readily determinable market value, provided that the transfer of securities is approved by the Commissioner. The Commissioner may approve other transfers among the accounts if, in his or her opinion, the transfers would not be inequitable. (c) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable life insurance policies may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with the policies such voting rights as are set forth in paragraph (3) of subsection (b) of this Code section. Each domestic life insurance company may allocate from its general accounts to each separate account established under this Code section an initial cash amount necessary to meet minimum capitalization requirements for such account as prescribed by the Securities and Exchange Commission, provided that the total of all of the allocations shall not exceed 10 percent of the company's assets or $1 million, whichever is less. Any allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable life insurance policies and allocated to a separate account to meet the minimum capitalization requirement. (d) Any variable life insurance policy issued under this Code section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of variable benefits provided under such policy. Any policy, including a group contract and certificates in evidence of variable benefits issued thereunder,

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shall state that the dollar amount will vary to reflect investment experience and shall contain on its first page a statement to the effect that benefits under such policy are on a variable basis. (e) No company shall deliver or issue for delivery variable life insurance policies within this state unless it has a current certificate of authority to transact life insurance in this state and the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such policies will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The experience, character, responsibility, and fitness of the officers and directors of the company; and (3) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies. (f) The Commissioner shall have sole and exclusive authority to regulate the solicitation, sale, and issuance of variable life insurance policies and to issue any reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Code section; and the policies, the companies which issue them, and the agents or other persons who sell them shall not be subject to Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' in the sale of the policies. (g) Notwithstanding any other laws of this state, no person shall, within this state, sell or offer for sale variable life insurance contracts as defined in this Code section unless such person shall have both a valid and current life insurance license and variable life insurance license issued by the Commissioner. No license shall be issued unless and until the Commissioner is satisfied, after examination, that the person is by training, knowledge, ability, and character qualified to act as such a variable life insurance agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable life insurance agent's license upon any ground that would bar the applicant or the agent from being licensed to sell life insurance contracts in this state or for the violation of any federal or state securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable life insurance agent's license. Renewal of a variable life insurance agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this state. (h) No variable life insurance policy or certificate issued pursuant to this Code section shall be construed to violate Code Section 33-25-9, and the sale or offer of any such policy or certificate shall not be deemed an

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unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of paragraph (7) and subparagraphs (B) and (C) of paragraph (8) of subsection (b) of Code Section 33-6-4. (i) (1) Except for paragraphs (1), (5), (6), (7), and (8) of subsection (a) of Code Section 33-25-3, Code Section 33-25-4, and paragraph (1) of Code Section 33-27-3 and except as otherwise provided in this Code section, all pertinent provisions of this title shall apply to separate accounts and variable life insurance policies relating to such accounts. The Commissioner, by regulation, may require that any individual variable life insurance policy delivered or issued for delivery in this state contain provisions as to grace, reinstatement, and nonforfeiture appropriate for that policy; and any such group variable life insurance policy shall contain a provision for grace and nonforfeiture appropriate to that policy. (2) The reserve liability for variable life insurance policies shall be determined in accordance with actuarial procedures approved by the Commissioner that recognize the variable nature of the benefits provided and any mortality guarantees. SECTION 13 . Said title is further amended by striking the phrase this chapter or This chapter and inserting in lieu thereof this article or This article, respectively, wherever such phrase occurs in Chapter 11A, relating to investment pools, as follows: (1) In Code Section 33-11A-1, relating to a short title; (2) In Code Section 33-11A-2, relating to applicability; (3) In Code Section 33-11A-3, relating to definitions; (4) In Code Section 33-11A-5, relating to qualifications in investment pool; (5) In Code Section 33-11A-6, relating to limitations to insurer's investment; (6) In Code Section 33-11A-7, relating to management of investment pool; (7) In Code Section 33-11A-8, relating to notification to Commissioner of Insurance, ownership, and inspection; and (8) In Code Section 33-11A-9, relating to business entry requirement. SECTION 14 . Said title is further amended by striking the phrase Chapter 11 of this title and inserting in lieu thereof Article 1 or Article 2 of this chapter

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where such phrase occurs in subsection (a) of Code Section 33-11A-4, relating to authorization and requirements for insurers acquiring investments in investment pools. SECTION 15 . Said title is further amended by designating the existing provisions of Chapter 11A, relating to investment pools, as Article 3 of Chapter 11, relating to investments of insurers, and redesignating Code sections as follows: (1) Code Section 33-11A-1, relating to a short title, as Code Section 33-11-80; (2) Code Section 33-11A-2, relating to applicability, as Code Section 33-11-81; (3) Code Section 33-11A-3, relating to definitions, as Code Section 33-11-82; (4) Code Section 33-11A-4, relating to authorization and requirements for insurers acquiring investments in investment pools, as Code Section 33-11-83; (5) Code Section 33-11A-5, relating to qualifications in investment pool, as Code Section 33-11-84; (6) Code Section 33-11A-6, relating to limitations to insurer's investment, as Code Section 33-11-85; (7) Code Section 33-11A-7, relating to management of investment pool, as Code Section 33-11-86; (8) Code Section 33-11A-8, relating to notification to Commissioner of Insurance, ownership, and inspection, as Code Section 33-11-87; (9) Code Section 33-11A-9, relating to business entry requirement, as Code Section 33-11-88; and (10) Code Section 33-11A-10, relating to nonapplicability of certain standards and reporting requirements, as Code Section 33-11-89. SECTION 16 . Said title is further amended by striking Code Section 33-20-22, relating to investment of funds of health care corporations, and inserting in lieu thereof the following: 33-20-22. Health care corporations shall invest in or lend their funds on security of and shall hold as invested assets only such assets as are authorized by Articles 1 and 3 of Chapter 11 of this title for the investments of assets of domestic insurance companies and such investments shall be subject to

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the same requirements, conditions, restrictions, and limitations as are applicable to the investments by such insurers. SECTION 17 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (e) of Code Section 43-6-22.1, relating to auctioneers education, research, and recovery fund, and inserting in lieu thereof the following: (e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the `auctioneers education, research, and recovery fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the auctioneers education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund. SECTION 18 . Said title is further amended by striking subsection (e) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, and inserting in lieu thereof the following: (e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the `Real Estate Education, Research, and Recovery Fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund. SECTION 19 . Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking Code Section 45-18-13, relating to deposit of amounts from the health insurance fund available for investment in trust account and investment and withdrawal of funds, and inserting in lieu thereof the following: 45-18-13. Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal

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Services. The director of the Office of Treasury and Fiscal Services shall deposit said funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to all the terms, conditions, limitations, and restrictions imposed by Articles 1 and 3 of Chapter 11 of Title 33 upon domestic insurance companies in the making and disposing of their investments. All income derived from said investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services as provided in this Code section, the commissioner of personnel administration shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner of personnel administration wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal in writing to the director of the Office of Treasury and Fiscal Services. SECTION 20 . This Act shall become effective on January 1, 2000. SECTION 21 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. DOMESTIC RELATIONSALIMONY AND CHILD SUPPORT; ENFORCEMENT OF ORDERS; CONTEMPT; FILING FEE. Code Section 19-6-28 Amended. No. 337 (House Bill No. 53). AN ACT To clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action; to provide that a new filing fee is not required for such actions; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, is amended by

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striking subsection (a) and inserting in its place a new subsection to read as follows: (a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to previously entered support orders as well as those entered on or after such effective date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONSTATE SALES AND USE TAX; EXEMPTIONS; URBAN TRANSIT SYSTEM FARES; CERTAIN SALES OF ART. Code Section 48-8-3 Amended. No. 338 (House Bill No. 55). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption of certain fees and charges of urban transit systems; to provide for an additional exemption with respect to certain fares and charges; to change certain provisions regarding the exemption of certain sales of objects of art and artifacts; to exempt certain sales of art to or for the use by certain tax-exempt organizations; to provide for conditions and limitations; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (5) and inserting in its place a new paragraph (5) to read as follows: (5) (A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term: (i) `Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) `Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Georgia Public Service Commission, and whose fares and charges are regulated by the commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed annually with the commissioner;. SECTION 2 . Said Code section is further amended by striking paragraph (14) and inserting in its place a new paragraph (14) to read as follows: (14) Sales of objects of art and of anthropological, archeological, geological, horticultural, or zoological objects or artifacts and other similar tangible personal property to or for the use by any museum or organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code of such tangible personal property for display or exhibition in a museum within this state when the museum is open to the public and has been approved by the commissioner as an organization eligible to receive tax deductible contributions;.

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SECTION 3 . This Act shall become effective on January 1, 2000. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSSUPERIOR COURTS; CLERKS; INDEX OF MILITARY DISCHARGES; RECORDING ADDITIONAL INFORMATION CONCERNING VETERANS. Code Section 15-6-72 Amended. No. 339 (House Bill No. 67). AN ACT To amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to recordation and index of military discharges by the clerk of superior court, so as to provide that a veteran may submit certain other information to the clerk of the superior court for recordation; to require the clerk of the superior court to record and index such other information in the books in which military discharges are recorded; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to recordation and index of military discharges by the clerk of superior court, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The county commissioners or other officers having charge of a county's business shall provide a book or books for the clerk of the superior court in the county, in which the clerk shall record and index the discharge certificates of all former members of the armed services of the United States residing in the county, showing their discharge from military service. The clerk shall from time to time be furnished such additional books for such purpose as may be necessary. Every entry shall be signed by the clerk and dated with the year, day, and hour accurately stated, and a certificate of registry shall be endorsed by the clerk on each discharge recorded. In addition, a veteran may submit the following information to the clerk of the superior court who shall record and index such information in the same books in which military discharges are recorded:

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(1) Copy 4, DD Form 214 issued by the United States government; (2) Any copy of DD Form 214 with a raised seal issued by the United States National Personnel Records Center; or (3) United States National Archives Form 13038. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LOCAL GOVERNMENTHAROLD F. HOLTZ MUNICIPAL TRAINING INSTITUTE; BOARD; TERMS. Code Section 36-45-7 Amended. No. 340 (House Bill No. 73). AN ACT To amend Article 1 of Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions concerning municipal training, so as to change the terms of office of members appointed to the board of the Harold F. Holtz Municipal Training Institute; 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 45 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions concerning municipal training, is amended by striking in its entirety Code Section 36-45-7, relating to the membership of the board of the Harold F. Holtz Municipal Training Institute, and inserting in lieu thereof a new Code Section 36-45-7 to read as follows: 36-45-7. The board shall consist of nine members and shall be composed of the commissioner or designee of the Department of Community Affairs, the director of the Carl Vinson Institute of Government or designee of the University of Georgia, and seven members appointed by the Governor. Members of the board appointed by the Governor after January 1, 1999, shall serve for four-year terms.

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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 28, 1999. FOOD, DRUGS, AND COSMETICSGEORGIA DAIRY ACT; DEFINITIONS; MILK PRODUCTS; LICENSES; FEES; TESTING. Code Title 26, Chapter 2, Article 7 Amended. No. 341 (House Bill No. 77). AN ACT To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Dairy Act of 1980, so as to delete certain definitions; to repeal provisions related to imitation milk products, imitation reconstituted milk, milk or cream brokerages, milk or cream buying stations, and reconstituted milk; to change references to the Grade A Pasteurized Milk Ordinance; to repeal provisions related to ice milk; to repeal provisions related to grade A raw milk for human consumption; to repeal certain provisions relating to licenses and fees; to change the provisions related to the use of apparatus, chemicals, and directions which may be used for testing milk and cream; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Dairy Act of 1980, is amended by striking Code Section 26-2-231, relating to definitions, and inserting in its place the following: 26-2-231. (a) As used in this article, the term: (1) `Commissioner' means the Commissioner of Agriculture for the State of Georgia. (2) `Cream tester' means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products.

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(3) `Dairy manufacturing plants' means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter. (4) `Department' means the Department of Agriculture of the State of Georgia. (5) Reserved. (6) Reserved. (7) `Manufactured milk products' means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result. (8) Reserved. (9) Reserved. (10) `Person' means any individual, partnership, firm, company, or corporation. (11) `Public dairies' means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail. (12) `Raw whole milk for manufacturing purposes' means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk. (13) Reserved. (14) `Ungraded milk' means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk or raw whole milk for manufacturing purposes as defined in this article. (b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the October, 1997, Amended Version of the `Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health ServiceFood and Drug Administration and supplements thereto: (1) `Raw cow's milk';

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(2) `Grade A whole milk'; (3) `Grade A milk, pasteurized'; (4) `Grade A skim milk'; (5) `Grade A buttermilk'; (6) `Grade A chocolate milk'; (7) `Grade A modified solids milk'; and (8) `Pasteurization.' (c) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in `Frozen Desserts,' 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110135.160 (1979): (1) `Ice cream'; (2) `Frozen custard'; (3) Reserved; (4) `Sherbet'; and (5) `Water ices.' SECTION 2 . Said article is further amended by striking Code Section 26-2-236, relating to operators of milk and cream buying stations, and inserting in its place the following: 26-2-236. Reserved. SECTION 3 . Said article is further amended by striking Code Section 26-2-237, relating to milk and cream brokerages, and inserting in its place the following: 26-2-237. Reserved. SECTION 4 . Said article is further amended by striking Code Section 26-2-238, relating to standards and requirements generally, and inserting in its place the following: 26-2-238. The standards and requirements of the October, 1997, Amended Version of the `Grade A Pasteurized Milk Ordinance' Recommendations of the

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United States Public Health ServiceFood and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state. SECTION 5 . Said article is further amended by striking Code Section 26-2-239, relating to standards and requirements for frozen desserts generally, and inserting in its place the following: 26-2-239. The standards and requirements for standardized frozen desserts, specifically ice cream, frozen custard, sherbet, and water ices, as adopted by the Food and Drug Administration of the United States Department of Health and Human Services and contained in `Frozen Desserts,' 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110135.160 (1979), except as otherwise provided, are expressly adopted as the standards and requirements for this state. SECTION 6 . Said article is further amended by striking Code Section 26-2-241, relating to testing of milk, cream, and other dairy products, and inserting in its place the following: 26-2-241. In determining the value of milk, cream, or other dairy products by the use of the Babcock test, it shall be unlawful to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. None other than the Babcock method, or such method of testing as may be approved by the Commissioner, may be employed when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. None other than the torsion balanced scales, or such scales as may be approved by the Commissioner, may be used when weighing cream for testing, when the tests are to be used as a basis for making payment for cream. It shall be unlawful to use adjustable scale weights in determining the weight of cream used in the Babcock test. Only such centrifuge shall be used as shall meet the approval of the Commissioner. Specifications for apparatus and chemicals and directions for testing milk and cream must conform to Standard Methods for the Examination of Dairy Products , with such additions as shall be deemed advisable by the Commissioner to

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make them conform to this article. All test tubes, bottles, pipettes, burrettes, or instruments used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test must be United States government standard and shall be approved by the Commissioner. All milk and cream tests shall be maintained at a temperature of 135 to 140 degrees Fahrenheit for at least three minutes before the reading of the percent of butterfat shall be made and recorded. In reading cream tests, glymol or its equivalent must be used, and the samples under test must be held for three minutes in a water bath extending up as high on the graduated neck as the sample itself does. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. FOOD, DRUGS, AND COSMETICSGEORGIA FOOD ACT; REPACKING OF FLOUR, GRITS, HOMINY, AND CORNMEAL. Code Section 26-2-31 Repealed. No. 342 (House Bill No. 78). 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 repeal Code Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal; 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 Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal, which reads as follows: 26-2-31. (a) Each miller, bolter, blender, mixer, or other person who manufactures or who buys flour, grits, and corn meal for the purpose of repacking shall pack the same in containers of net avoirdupois weights of five, ten, 25, 50, and 100 pounds, and multiples of 100 pounds. These provisions shall apply to wheat flour, self-rising wheat flour, phosphated white flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy, and hominy grits.

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(b) This Code section shall not apply to: (1) Retail sale of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock; (2) The sale of flours and meals to commercial bakers or blenders in containers of more than 100 pounds; (3) Flour, grits, hominy, and meals for export; (4) Flours, meals, hominy, and hominy grits packed in cartons, the net weights of which are less than five pounds, provided the net weight shall be clearly distinguished on the outside of the container; or (5) The exchange of flour, grits, hominy, and meals by mills grinding for toll. (c) If any miller or manufacturer of flour or corn meal, or any merchant or dealer offering said articles for sale, shall fail to stamp or have printed on each sack in which either of said articles is packed, in plain figures, not less than one and one-half inches in length, the exact weight of the contents thereof, he shall be guilty of a misdemeanor. This subsection shall not apply to grist ground for toll, nor to millers, merchants, or dealers selling flour or meal in quantities less than a full sack, or in any quantities when sold by weight., and inserting in its place the following: 26-2-31. Reserved. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CRIMES AND OFFENSESCONTROLLED SUBSTANCES AND DANGEROUS DRUGS; LISTS; REGISTERED PROFESSIONAL NURSES EMPLOYED OR ENGAGED BY LICENSED HOME HEALTH AGENCIES; POWERS; STATE BOARD OF PHARMACY OVERSIGHT. Code Sections 16-13-21, 16-13-28, 16-13-71, and 16-13-72 Amended. No. 343 (House Bill No. 106). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listings of controlled substances and dangerous drugs; to

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provide for the authority of registered professional nurses employed or engaged by a licensed home health agency to possess and administer certain drugs in a home health setting; to provide for oversight by the State Board of Pharmacy; to provide for construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding after paragraph (22.1) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following: (22.15) Modafinil; . SECTION 2 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (3.5) Acetic acid, glacial; (203) Reserved; . SECTION 3 . 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: (.03) Abacavir; (.04) Abciximab; (3.5) Reserved; (107.3) Briazolamide; (130.5) Candesartan; (132.5) Capecitabine; (195.2) Citalopram; (203) Clopidogerel; (316.3) Dolasetron; (331.03) Efavirenz; (331.07) Emedastine; (334.7) Eprosartan; (334.8) Eptifibatide;

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(381.55) Fenfibrate; (381.6) Fenofenadine; (381.8) Fenoldopam; (404.5) Fomivirsen; (412.5) Genotropin; (430.3) Gramosetron; (472.5) Infliximab; (491.6) Irbesartan; (513.5) Leflunomide; (529.97) Loteprednol; (611.5) Metformin; (624.5) Montelukast; (638.3) Naratriptan; (691.5) Paricalcitol; (769.2) Pramipexole; (816.5) Quetiapine; (832.2) Reboparhamil; (842.1) Rifapentine; (843.9) Rizatritpan; (845.3) Ropinirole; (855.74) Sevelamer; (855.85) Sildenafil; (931.6) Telmisartan; (943.5) Thalidomide; (964.5) Tiagabine; (967.6) Tirofiban; (972.5) Tolcapone; (973.05) Tolterodine; (1007.5) Trovafloxacin; (1024.3) Valrubicin;

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(1042.9) Zolmitriptan; . SECTION 4 . Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (7.5) Clotrimazolewhen a single vaginal insert is 200 mg. or less or with a strength up to 1 percent in a topical skin or vaginal product; (14.1) Miconazolewhen used as antifungal powder, cream, or both, and containing not more than 2 percent of miconazole nitrate, and when used as vaginal tablets up to 200 mg. in strength; . SECTION 5 . Said chapter is further amended by adding in the appropriate places in subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (7.5) Clotrimazolewhen a single vaginal insert is 200 mg. or less or with a strength up to 2 percent in a topical skin, topical vaginal, or vaginal product; (14.1) Miconazolewhen used as antifungal powder, cream, or both, and containing not more than 4 percent of miconazole nitrate, and when used as a vaginal insert of up to 200 mg. in strength; . SECTION 5.1 . Said chapter is further amended by striking or at the end of subparagraph (A) of paragraph (23) of Code Section 16-13-21, relating to definitions, striking the period and inserting ; or at the end of subparagraph (B) of said paragraph, and adding immediately thereafter the following subparagraph: (C) A physician's assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physician's assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. SECTION 5.2 . Said chapter is further amended by adding a new paragraph following paragraph (4.1) of Code Section 16-13-72, relating to sale, distribution, or possession of dangerous drugs, to read as follows: (4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is employed or engaged by a licensed home health agency may possess sterile saline, sterile water and diluted

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heparin for use as intravenous maintenance for use in a home health setting, and such nurse may administer such items to patients of the home health agency upon the order of a licensed physician. The State Board of Pharmacy shall be authorized to adopt regulations governing the storage, quantity, use and administration of such items; provided, however, nothing in this paragraph or in such regulations shall be construed to restrict any authority of nurses existing under other provisions of law; . SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. INSURANCECROP INSURANCE; TOBACCO CROPS; LENGTH OF TERMS. Code Section 33-32-6 Enacted. No. 344 (House Bill No. 121). AN ACT To amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for tobacco crops grown in this state; 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 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, is amended by adding a new Code Section 33-32-6 to read as follows: 33-32-6. Any insurer issuing on or after the effective date of this Code section a policy providing crop insurance coverage, other than federal crop insurance pursuant to 7 U.S.C. 1501, et seq., for tobacco crops grown in this state against loss or damage due to wind, hail, or both shall make available such coverage for a term extending until such time as the

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tobacco crop is harvested, either as a part of or as an optional endorsement to such policy of crop insurance. 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 28, 1999. PENAL INSTITUTIONSJAILS; CONTROLLED SUBSTANCES, DANGEROUS DRUGS, AND WEAPONS; GUARD LINES; LOITERING; PERIMETER GUARD LINES. Code Section 42-4-13 Amended. No. 345 (House Bill No. 128). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines at jails and signs indicating such guard lines; to make it unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or marijuana; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff, jailer, or a law enforcement officer; to prohibit loitering near inmates after being ordered by a jailer or a law enforcement officer to desist from such activity; to prohibit a person from giving weapons, intoxicants, drugs, or other items to inmates without consent of the jailer or a law enforcement officer; to make it unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any article or item without the knowledge and consent of the jailer or a law enforcement officer; to make it unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol, a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer; to provide an exception under certain conditions with respect to prescription medicines; to provide that it shall be unlawful for any person to attempt, conspire, or solicit another to commit certain offenses defined by this Act; to provide that any violation of this Act shall constitute a separate offense; to provide that the provisions of this Act shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an inmate with the knowledge and consent of the jailer when such use or dispensing is lawful under the provisions of Chapter 13

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of Title 16; to change the definition of a certain term; to define additional terms; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-13, relating to the prohibition against the possession of drugs, weapons, or alcohol by inmates, and inserting in lieu thereof a new Code Section 42-4-13 to read as follows: 42-4-13. (a) As used in this Code section, the term: (1) `Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (2) `Controlled substance' means a drug, substance, or immediate precursor as defined in Code Section 16-13-21. (3) `Dangerous drug' has the same meaning as defined by Code Section 16-13-71. (4) `Jail' means any county jail, municipal jail, or any jail or detention facility operated by a county, municipality, or a regional jail authority as authorized under Article 5 of this chapter. (5) `Jailer' means the sheriff in the case of any county jail, or the chief of police if the jail is under the supervision of the chief of police of a municipality, or the warden, captain, administrator, superintendent, or other officer having supervision of any other jail, or the designee of such officer. (b) (1) It shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or marijuana. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (3) Notwithstanding the provisions of this subsection, possession of a controlled substance, a dangerous drug, or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (1)(A) of this subsection. (4) The provisions of this subsection shall not prohibit the lawful use or dispensing of a controlled substance or dangerous drug to an

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inmate with the knowledge and consent of the jailer when such use or dispensing is lawful under the provisions of Chapter 13 of Title 16. (c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (d) (1) (A) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any controlled substance, dangerous drug, marijuana, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the jailer or a law enforcement officer. (B) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage without the knowledge and consent of the jailer or a law enforcement officer; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only. (2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates subparagraph (1)(A) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. Any person who violates subparagraph (1)(B) of this subsection shall be guilty of a misdemeanor. (3) Notwithstanding the provisions of paragraph (2) of this subsection, the possession, possession with intent to distribute, trafficking, or distribution of a controlled substance or marijuana shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (1)(A) of this subsection. (e) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any other article or item without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor. (f) (1) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer unless such person has a valid prescription for such controlled substance or dangerous drug issued by a person licensed under Chapter 11 or 34 of Title 43

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and such prescribed substance is consumed only as authorized by the prescription. Any person convicted of a violation of this subsection shall be punished by imprisonment for not less than one nor more than four years. (2) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor. (g) It shall be unlawful for any person to loiter where inmates are assigned after having been ordered by the jailer or a law enforcement officer to desist therefrom. Any person violating this subsection shall be guilty of a misdemeanor. (h) It shall be unlawful for any person to attempt, conspire, or solicit another to commit any offense defined by this Code section and, upon conviction thereof, shall be punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt, conspiracy, or solicitation. (i) Any violation of this Code section shall constitute a separate offense. (j) Perimeter guard lines shall be established at every jail by the jailer thereof. Such guard lines shall be clearly marked by signs on which shall be plainly stamped or written: `Guard line of.' Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the jail and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the jail. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONINCOME TAXES; TAX CREDIT FOR FEDERAL QUALIFIED TRANSPORTATION FRINGE BENEFITS. Code Section 48-7-29.3 Enacted. No. 346 (House Bill No. 147). 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 federal qualified

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transportation fringe benefits; to provide for a definition; 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 48-7-29.2, to be designated Code Section 48-7-29.3, to read as follows: 48-7-29.3. (a) As used in this Code section, the term `federal qualified transportation fringe benefit' means only the following transportation benefits provided by an employer to any employee as provided in Section 132(f) of the Internal Revenue Code of 1986, as amended: (1) Transportation in a commuter highway vehicle if such transportation is in connection with travel between the employee's residence and place of employment; (2) Any transit pass; (3) Qualified parking on or near a location from which the employee commutes to work by transportation described in paragraph (1) of this subsection, in a commuter highway vehicle, or by carpool. Qualified parking shall not include parking provided to an employee on or near the business premises of the employer and shall not include any parking on or near property used by the employee for residential purposes. (b) A taxpayer shall be allowed a state income tax credit against the tax imposed by this chapter for any federal qualified transportation fringe benefit provided by the taxpayer to an employee which benefit is in addition to and not in lieu of compensation otherwise payable to the employee, in an amount equal to the $25.00 per employee receiving such benefit; provided, however, that in no event shall the total amount of such tax credit exceed the annual amount expended by such employer in providing such federal qualified transportation fringe benefits to such employees. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the

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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. Such rules and regulations shall include, but not be limited to, a minimum required usage of ten workdays per month of the federal qualified transportation fringe benefit provided to the employee in order to obtain the credit authorized under this Code section. SECTION 2 . This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. STATE GOVERNMENTSTATE PROPERTIES COMMISSION; MEMBERSHIP; SECRETARY OF STATE. Code Section 50-16-32 Amended. No. 347 (House Bill No. 158). AN ACT To amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, so as to change the provisions relating to the membership and organization of the State Properties Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, is amended by striking subsections (a) and (b) of Code Section 50-16-32, relating to the creation, membership, and organization of the State Properties Commission, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of ten members and be composed of the Governor; the Secretary of State; the director of the Office of Treasury and Fiscal Services; the state auditor; three citizens appointed by the

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Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairperson of the commission, the state auditor shall be its vice chairperson, and the Secretary of State shall be its secretary. Six members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require six affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly. 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 28, 1999. LAW ENFORCEMENT OFFICERS AND AGENCIESPOLICE VOLUNTEERS; TRAINING; DIRECTION OF TRAFFIC; EMERGENCIES. Code Section 35-1-11 Enacted. Code Section 40-6-2 Amended. No. 348 (House Bill No. 165). AN ACT To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and

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agencies, so as to authorize a police chief of a local law enforcement agency with the approval of the local governing authority to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control; to provide that under certain circumstances police volunteers shall be authorized to direct and regulate the flow of traffic during emergencies; to provide that police volunteers shall not have the power of arrest provided to peace officers; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to uniform rules of the road, so as to change the provisions relating to obedience to authorized persons directing traffic; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, is amended by adding at the end of said chapter a new Code Section 35-1-11 to read as follows: 35-1-11. A police chief of a local law enforcement agency with the approval of the local governing authority shall be authorized to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control. With the approval of the police chief of a local law enforcement agency or fire chief of a local fire department, a police volunteer shall be authorized to direct and regulate the flow of traffic in the event of a fire, explosion, hurricane, tornado, or other emergency situation. A police volunteer shall not have the power of arrest provided to peace officers. SECTION 2 . Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to uniform rules of the road, is amended by striking in its entirety Code Section 40-6-2, relating to obedience to authorized persons directing traffic, and inserting in lieu thereof a new Code Section 40-6-2 to read as follows: 40-6-2. No person shall fail or refuse to comply with any lawful order or direction of any police officer, fireman, police volunteer authorized under Code Section 35-1-11, or school-crossing guard designated by a local law enforcement agency invested by law with authority to direct, control, or regulate traffic. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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FIRE PROTECTION AND SAFETYFIRE EXTINGUISHERS AND SUPPRESSION SYSTEMS; DEFINITION. Code Section 25-12-2 Amended. No. 349 (House Bill No. 173). AN ACT To amend Code Section 25-12-2 of the Official Code of Georgia Annotated, relating to the definitions applicable to the regulation of fire extinguishers and suppression systems, so as to change the definition of the term firm; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 25-12-2 of the Official Code of Georgia Annotated, relating to the definitions applicable to the regulation of fire extinguishers and suppression systems, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Firm' means any business, person, partnership, organization, association, corporation, contractor, subcontractor, or individual. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONAD VALOREM TAXES; BONA FIDE CONSERVATION USE PROPERTY; OWNERSHIP; FAMILY FARMS. Code Section 48-5-7.4 Amended. No. 350 (House Bill No. 176). 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 change certain provisions regarding property ownership qualifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by striking division

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(a) (1) (C) (iv) and inserting in its place a new division (a) (1) (C) (iv) to read as follows: (iv) A family owned farm entity such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. WATERS OF THE STATE, PORTS, AND WATERCRAFTTUGALO LAKE; HORSEPOWER RESTRICTIONS ON MOTORS. Code Section 52-7-13 Amended. No. 351 (House Bill No. 183). AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the exception of law enforcement or dam operation and maintenance craft, no motor in excess of 25 horsepower shall be used on any vessel being operated on Tugalo Lake; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, is amended by striking subsection (f) in its entirety and inserting in lieu thereof the following: (f) With the exception of law enforcement or scientific research or dam operation and maintenance craft, no motor in excess of 25 horsepower shall be used on any vessel being operated on Tugalo Lake.

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(g) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19. SECTION 2 . This Act shall become effective July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CONSERVATION AND NATURAL RESOURCESUNDERGROUND STORAGE TANKS; FUNDS FOR ADMINISTRATION; REPAYMENT OF FUNDS; ENVIRONMENTAL ASSURANCE FEES. Code Sections 12-13-6, 12-13-9, and 12-13-10 Amended. No. 352 (House Bill No. 185). AN ACT To amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the Georgia Underground Storage Tank Act, so as to provide additional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund; to provide for the calculation of the balance of environmental assurance fees in such trust fund; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the Georgia Underground Storage Tank Act, is amended by striking in its entirety paragraph (11) of subsection (a) of Code Section 12-13-6, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following: (11) To accept, receive, administer, or disperse funds obtained from bond issues of the state or authorities of the state or from general appropriations or grants from public or private sources for the purpose of proper administration of this chapter or for carrying out any of the duties, powers, or responsibilities under this chapter, to enter into such agreements as the director deems appropriate to accomplish such purpose, and to repay such funds when the terms of the grant, bond issue, or general appropriation require repayment;

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SECTION 2 . Said chapter is further amended by striking the word and at the end of paragraph (5) of subsection (f) of Code Section 12-13-9, relating to the establishment of financial responsibility relative to the Underground Storage Tank Trust Fund; by striking the symbol . at the end of paragraph (6) of said subsection and inserting in lieu thereof the symbol and word ; and; and by inserting immediately following paragraph (6) of said subsection a new paragraph to read as follows: (7) To provide repayments for any grant, general appropriation, or bond issue as are authorized by general law which are advanced to the principal of the Underground Storage Tank Trust Fund to accomplish any of the purposes enumerated in paragraphs (1) through (6) of this subsection when the terms of the grant, appropriation, or bond issue requires such repayment. SECTION 3 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-13-10, relating to environmental assurance fees, and inserting in lieu thereof the following: (b) Environmental assurance fees as specified in subsection (a) of this Code section shall be paid into the trust fund until the unobligated principal balance of the environmental assurance fees contained in the trust fund equals or exceeds $50 million, regardless of the total balance of the trust fund, at which time no environmental assurance fees shall be levied unless the unobligated balance of environmental assurance fees in the trust fund is less than or equal to $30 million, in which case the collection of the environmental assurance fee will resume within 180 days following the end of the month in which such unobligated balance of environmental assurance fees occurs. No funds paid into the trust fund from any source other than the environmental assurance fees shall be considered in calculating either the $50 million or $30 million balance of environmental assurance fees in the trust fund as provided in this subsection. 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 28, 1999.

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CIVIL PRACTICEHABEAS CORPUS; CLERKS; COURT COSTS RELATED TO INDIGENT PETITIONERS. Code Section 9-14-53 Amended. No. 353 (House Bill No. 215). AN ACT To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits; to provide for reimbursement for each county for court costs for certain writs of habeas corpus sought by indigent petitioners; 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 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of state courts of record, is amended by striking in its entirety Code Section 9-14-53, relating to habeas corpus clerks for certain judicial circuits, supplies and equipment, and reimbursement to counties, and inserting in its place the following: 9-14-53. Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to the commissioner of administrative services of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the commissioner shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the commissioner as

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provided in this paragraph shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The commissioner is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this paragraph and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. STATE GOVERNMENTGEORGIA BUILDING AUTHORITY; INVENTORY OF STATE BUILDINGS; REPORTS TO GENERAL ASSEMBLY. Code Title 50, Chapter 9, Article 6 Enacted. No. 354 (House Bill No. 217). AN ACT To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to require each state entity to submit an inventory of state buildings under its control or custody to the Georgia Building Authority; to provide for submission of such inventory to certain committees of the General Assembly; to provide for definitions; to provide for certain minimum provisions to be included in such inventory; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 50-9-110. As used in this article, the term:

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(1) `Authority' means the Georgia Building Authority. (2) `State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities. (3) `State building' means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-11. (4) `State entity' means either of the entities listed in paragraph (2) of this subsection. 50-9-111. (a) Beginning July 1, 1999, each state entity shall compile information on all state buildings under the custody or control of such state entity necessary for the compilation of an inventory of all state-owned or leased buildings; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this article. On or before October 1, 1999, and as changes occur, but by no later than such date annually, each state entity shall send such information to the authority. The authority shall compile the information in an electronic format and produce a report to the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives and to the chairperson of the Finance and Public Utilities Committee of the Georgia Senate. (b) The inventory shall be accomplished by the completion of a form for each state building under the custody or control of such state entity. The form shall be designed and promulgated by the authority. (c) The inventory required by subsection (a) of this Code section shall include, as a minimum, the following: (1) The name of the building or another description identifying the building; (2) The location of the building; (3) The name of the building manager or, in the case of a state building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager; (4) The square footage of the building; (5) Information as to whether such building is currently in use by the state entity or is being leased to a private tenant by such state entity;

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(6) The nature of the use of the building at the time inventory is made; (7) Estimation of the building's fair market value or replacement value at the time inventory is made, and if the building is leased to a private tenant who is responsible for the operation of the building, an estimation of the fair market value of the building at the time the lease agreement was executed; (8) Information on major building components, such as electrical, mechanical, structural, roof, elevators, escalators, underground storage tanks, emergency generators, boilers, and life safety systems, and their estimated expected life; (9) Information on the age of the building and its historic significance, if any; (10) Information on the accessibility of the building and grounds; (11) Information on energy consumption and utility connections and usage; and (12) Other information required by the authority, the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives, or the chairperson of the Finance and Public Utilities Committee of the Georgia Senate. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONEXCISE TAX ON ROOMS, LODGINGS, AND ACCOMMODATIONS; USE; TRAILS OR WALKWAYS. Code Section 48-13-51 Amended. No. 355 (House Bill No. 241). AN ACT To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy and collection of certain excise taxes, so as to change a provision relating to the use of such tax for the purpose of providing a system of trails or walkways; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy and collection of certain excise taxes, is amended by striking in

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its entirety paragraph (4) of subsection (a) and inserting in lieu thereof the following: (4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 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 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 prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) 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, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) 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 (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state

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authority for convention and trade show purposes or any other similar or related purposes; (B) 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 such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a) (8) (A) of this Code section and Section 501 (c) (6) of the Internal Revenue Code; (iii) provide a `comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CRIMES AND OFFENSESRAPE; DEFINITION OF OFFENSE; PENALTY. Code Section 16-6-1 Amended. No. 356 (House Bill No. 249). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of rape; to change penalty provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-1, relating to rape, and inserting in its place the following: 16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

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(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONMOTOR VEHICLES; STAGGERED REGISTRATION PERIODS; AD VALOREM TAXES; PAYMENT; LIENS; HEAVY-DUTY EQUIPMENT MOTOR VEHICLES; VALUE; TAX DIGESTS; MOBILE HOMES; LOCATION PERMITS AND DECALS. Code Sections 40-2-21, 48-5-440, 48-5-448, 48-5-473, 48-5-492, 48-5-494, 48-5-507, and 48-5-508 Amended. Code Section 48-5-491 Repealed. No. 357 (House Bill No. 283). AN ACT To amend Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to staggered registration periods, so as to prohibit the establishment of certain staggered registration periods; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to clarify the time and manner of the payment of ad valorem taxes during an owner's initial registration period; to provide a date upon which the lien for ad valorem taxes attaches; to provide for related matters; to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax; to change certain provisions regarding contested assessments; to change certain provisions regarding the value of motor vehicles to be added to the tax digest; to change the manner and method of ad valorem taxation of mobile homes held by dealers for sale at wholesale or retail; to change a definition; to provide for taxation of such mobile homes like other taxable tangible personal property; to change certain provisions regarding issuance of location permits and decal display; to change certain provisions regarding ad valorem tax returns; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to staggered registration periods, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:

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(f) On and after January 1, 2000, no local Act shall be enacted pursuant to this Code section authorizing a staggered system of motor vehicle registration. This subsection shall not apply to any county in which such a local Act has been enacted prior to January 1, 2000. SECTION 1A . Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-473, relating to returns for taxation, and inserting in its place a new Code Section 48-5-473 to read as follows: 48-5-473. (a) (1) Except as provided in paragraph (2) of this subsection, every owner of a motor vehicle subject to taxation under this article shall be required to return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies or is required by law to apply for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle during the owner's registration period. (2) (A) In all counties for which a local Act has not been enacted pursuant to Code Section 40-2-21, the final date for payment of ad valorem taxes shall be the last day of the owner's registration period and the lien for such taxes shall attach at midnight on the last day of the owner's registration period if the vehicle has not been registered but only if the vehicle is still owned on such date by such owner. (B) In all counties for which a local Act has been enacted pursuant to Code Section 40-2-21, the final date for payment of ad valorem taxes shall be the last day of the owner's registration period and the lien for such taxes on such motor vehicle shall attach on the first day of the owner's registration period. (C) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any initial registration period for such vehicle. (D) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time of a transfer of the vehicle. (3) Notwithstanding any other provision of this Code section to the contrary, under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code

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Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation; provided, however, that taxes shall be due at the time of registration or at the time required by law for registration during the owner's registration period as provided in subsection (a) of this Code section. (c) Notwithstanding subsection (a) of this Code section, within the motor vehicle classification of property for ad valorem taxation purposes, motor vehicles held in inventory for sale or resale by an entity which is engaged in the business of selling motor vehicles and which has a current distinguishing dealer's identification number issued by the department shall constitute a separate subclassification of property for ad valorem taxation purposes and shall not be the subject of ad valorem taxation until such time as such vehicles are transferred and until such time as such vehicles then become subject to taxation as provided in this Code section. SECTION 2 . Said chapter is further amended by striking Code Section 48-5-507, relating to the valuation and return of heavy-duty equipment motor vehicles for ad valorem taxation, and inserting in its place a new Code Section 48-5-507 to read as follows: 48-5-507. (a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter. (b) (1) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer. (2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such

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heavy-duty equipment motor vehicle for ad valorem taxation purposes, within 30 days of the end of the month in which such purchase is made, to the appropriate county and shall pay a tax for such taxable year. Upon receipt of such return, the tax commissioner shall within five days prepare and bill the purchaser for the ad valorem tax. Such tax shall be equal to 33 1/3 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle and shall be based on the selling price to the end user times 40 percent, thus deriving the taxable assessment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. (3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equipment motor vehicle purchased. (4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes collected to the tax commissioner of the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the state revenue commissioner. If any dealer liable for any tax, interest, or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the business, he or she shall make a final return and payment within 30 days after the date of selling or quitting the business. Any dealer who does not collect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax commissioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected. (c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehicles which are owned by a dealer are not included within the distinct subclassification of tangible property made by this article for all other heavy-duty equipment motor vehicles. The procedures prescribed in this article for returning heavy-duty equipment

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motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equipment motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equipment motor vehicles until they become subject to taxation as provided in subsections (a) and (b) of this Code section. No heavy-duty equipment motor vehicle held by a dealer in inventory for resale shall be subject to ad valorem taxation unless such heavy-duty equipment motor vehicle was in the dealer's inventory on January 1 of the taxable year and continued to remain in such dealer's inventory on December 20 of such taxable year, in which case the dealer shall be required to return the heavy-duty equipment motor vehicle for ad valorem taxation on December 21 of that taxable year. The assessed value of each heavy-duty equipment motor vehicle owned by a dealer shall be 40 percent of the fair market value of the heavy-duty equipment motor vehicle on January 1 of that taxable year. The tax commissioner shall prepare and mail a tax bill within five days of receipt of such dealer's return. The taxes levied under this subsection shall be due 60 days after the billing therefor. (d) Within 30 days of the last day of a month during which there is a sale of any heavy-duty equipment motor vehicle other than for resale, the dealer shall mail to the tax commissioner of the county where the purchaser is domiciled a statement notifying the tax commissioner of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. Such statement shall be upon forms prescribed, prepared, and furnished by the state revenue commissioner. (e) The failure of any person or entity to return property as required by this Code section shall subject such person or entity to penalties as provided in Code Section 48-5-299. The failure of any person or entity to pay the taxes as required by this Code section shall subject such person or entity to penalties and interest as provided by Code Section 48-2-44. SECTION 3 . Said chapter is further amended by striking Code Section 48-5-508, relating to contested assessments, and inserting in its place a new Code Section 48-5-508 to read as follows: 48-5-508. Any taxpayer who contests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may appeal such assessed value as provided for in Code Section 48-5-311 except that such appeal shall be effected by mailing to or filing with the tax commissioner a

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notice of appeal within 60 days of the date the tax bill is mailed by the tax commissioner. Such appeal, to be properly filed, must be accompanied by a payment equal to 85 percent of the amount of such tax bill. The tax commissioner shall forward such notice of appeal to the board of tax assessors and the appeal shall be processed in accordance with Code Section 48-5-311. SECTION 3A . Said chapter is further amended by striking Code Section 48-5-448, relating to the value of motor vehicles and mobile homes included in the tax digest, and inserting in its place a new Code Section 48-5-448 to read as follows: 48-5-448. (a) The value of all motor vehicles returned for taxation during the previous calendar year shall be added to the regular digest at the time the regular digest is transmitted to the commissioner or at such other time as the digest is required to be compiled. (b) The value of all mobile homes returned for taxation during each calendar year shall be added to the regular digest at the time the regular digest is transmitted to the commissioner or at such other time as the digest is required to be compiled. (c) The total of the regular digest and the value of returns required to be added pursuant to this Code section shall constitute the tax digest. SECTION 3B . Said Chapter 5 is further amended by striking paragraph (3) of Code Section 48-5-440, relating to definitions, and inserting in its place a new paragraph (3) to read as follows: (3) `Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. This article shall not apply to dealers engaged in the business of selling mobile homes at wholesale or retail and every mobile home owned in this state on January 1 by a dealer shall be subject to ad valorem taxation in the same manner as other taxable tangible personal property. SECTION 3C . Said chapter is further amended by striking Code Section 48-5-491, relating to taxation of mobile homes held by dealers, and inserting in its place a new Code Section 48-5-491 to read as follows: 48-5-491. Reserved.

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SECTION 3D . Said chapter is further amended by striking subsection (b) of Code Section 48-5-492, relating to issuance of mobile home location permits, and inserting in its place a new subsection (b) to read as follows: (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. SECTION 3E . Said chapter is further amended by striking Code Section 48-5-494, relating to return of mobile homes for ad valorem taxation, and inserting in its place a new Code Section 48-5-494 to read as follows: 48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation. SECTION 4 . (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2 and 3 of this Act shall become effective on July 1, 1999. (c) Sections 1, 1A, 3B, 3C, 3D, and 3E of this Act shall become effective on January 1, 2000. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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BANKING AND FINANCEFINANCIAL INSTITUTIONS; EMERGENCY CLOSINGS; NAMES; LEASING AND LENDING; SECURITIES; FEES; BRANCHING; CONVERSIONS; AGENTS; OFFICES; HOLDING COMPANIES; INTERSTATE ACQUISITIONS, MERGERS, AND CONSOLIDATIONS; MORTGAGE BROKERS AND LENDERS; CREDIT CARDS. Code Title 7, Chapters 1 and 5 Amended. No. 358 (House Bill No. 297). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change provisions relating to emergency closings; to change name restrictions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to promoters' fees; to conform provisions relating to obsolete restrictions on branching outside of a county; to allow conversions from federal savings bank to a state charter; to provide for registered agents; to change provisions regarding representative offices; to conform branching provisions to federal law and prior changes in Georgia law; to provide for expanded methods of establishing branch offices within regulations; to change provisions relating to banking extensions; to change provisions relating to permissible activities of bank holding companies; to change provisions regarding interstate acquisitions, mergers, and consolidations; to change provisions relating to management of banking regulation by the department; to change provisions relating to mortgage brokers and lenders, their permitted activities, felonies, licenses, and other matters; to change provisions relating to the department's enforcement of laws governing mortgage brokers and lenders and disclosure of such enforcement or investigatory activities; to amend Chapter 5 of Title 7, relating to credit cards and credit card banks, so as to change definitions; to change provisions relating to the organization of credit card banks and their charges and fees; to clarify certain references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Sections 7-1-111 and 7-1-111.1, relating to emergency closings and posting notice of intent to close a banking location, respectively, and inserting in lieu thereof new Code sections to read as follows: 7-1-110.1.

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Except in the case of an emergency closing, 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. 7-1-111. Whenever it appears to the Governor that the welfare of the state or any region thereof or the welfare and security of any financial institution or the lives of the employees of the financial institution or the safety of the funds of depositors and property of the shareholders are endangered or placed in jeopardy by any impending or existing emergency or other catastrophe, including, but not limited to economic crises, hurricanes, tornadoes, fire hazards, disruption or failure of utility, transportation, communication, or information systems, or civil disorders, the Governor may proclaim that a financial emergency exists and that any financial institution or type of financial institution shall be subject to special regulation as herein provided until the Governor, by a like proclamation, declares the period of such emergency to have terminated. The department may also declare financial emergencies in specific cases for cause shown, and its declaration shall remain in effect until terminated by the Governor or the commissioner, whichever occurs first. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-112, relating to business restrictions, and inserting in lieu thereof a new subsection to read as follows: (a) During the period of or as a result of any financial emergency proclaimed by the Governor or declared by the department, or during any impending or existing emergency situation as described in Code Section 7-1-111, the department, in addition to all of the powers conferred upon it by law, shall have the authority to order any one or more financial institutions to restrict all or any part of their business and to limit or postpone for any length of time the payment of any amount or proportion of the deposits in any of the departments of the financial institutions as it may deem necessary or expedient. The department may further regulate the payments of such financial institutions as to time and amount, as in its opinion the interest of the public or of such financial institutions or the depositors thereof may require. SECTION 3 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 7-1-243, relating to restrictions on banking and trust nomenclature, and inserting in lieu thereof new subsections to read as follows:

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(b) Except as provided in subsection (c) of this Code section, no person or corporation except: (1) A corporation lawfully authorized to exercise trust powers or any subsidiary thereof; (2) A corporation lawfully owning the majority of the voting stock of any corporation authorized to exercise trust powers, or any subsidiary of such owner corporation; (3) An enterprise whose structure is in the nature of a trust where the trustees include a corporation lawfully authorized to exercise trust powers in this state; or (4) An eleemosynary institution shall use the words `trust' or `trust company' or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (c) Nothing in this Code section shall be construed to: (1) Prevent the use of the words `banks,' `banker,' `banking,' `banker's,' `trust,' or any similar word in a context clearly not purporting to refer to a banking or a trust business or to a business primarily engaged in the lending of money, underwriting or sale of securities, acting as a financial planner, financial service provider, investment or trust adviser, or acting as a loan broker; (2) Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking or trust business outside of this state; or (3) Prevent any person or corporation from continuing to use its name legally in use on April 1, 1989. SECTION 4 . Said chapter is further amended by striking Code Section 7-1-282, relating to direct leasing of personal property, and inserting in lieu thereof a new Code section to read as follows: 7-1-282. Subject to such regulations as the department may prescribe, a bank may become the owner and lessor of personal property acquired upon the specific request and for the use of a customer and may incur such additional obligations as may be incident to becoming an owner and lessor of such property. At the end of any lease, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall constitute an indebtedness under Code Section

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7-1-285 and shall be subject to the lending limitations of such Code section. SECTION 5 . Said chapter is further amended by striking Code Section 7-1-287, relating to dealing in securities, and inserting in lieu thereof a new Code section to read as follows: 7-1-287. Notwithstanding the limitations of Code Section 7-1-288, a bank may purchase, sell, underwrite, and hold securities which are obligations in the form of bonds, notes, or debentures or mutual funds, investment trusts, or pools primarily consisting of such bonds, notes, or debentures, and may purchase, sell, and hold corporate debt obligations, to the extent authorized by regulations of the department. The department may issue regulations which prescribe operating restrictions and standards of conduct dealing with potential conflicts of interest and shall prescribe rules for divestiture of securities held in violation of such regulations and fines for violations not to exceed $10,000.00 per day during which each violation remains uncorrected. A bank may hold without limit securities which are obligations of the United States or obligations which are guaranteed fully as to principal and interest by the United States or general obligations of any state. SECTION 6 . Said chapter is further amended by striking subparagraph (c)(2)(F) of Code Section 7-1-288, relating to corporate stock and securities, and inserting in lieu thereof a new subparagraph to read as follows: (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to: conducting a safe-deposit business; holding real estate; acting as a financial planner or investment advisor; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 7-1-3; provided, however, unless the bank is exempt, nothing contained in this subparagraph shall relieve any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and.

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SECTION 7 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-391, relating to prohibition of promoters' fees, and inserting in lieu thereof a new subsection to read as follows: (a) A bank or trust company shall not pay any fee, compensation, or commission for promotion in connection with its organization or apply any money received on account of shares or subscriptions, selling shares, or other services in connection with its organization, except legal fees, commissions or fees to disinterested third parties for sale of bank stock to others, and other usual and ordinary expenses necessary for its organization. SECTION 8 . Said chapter is further amended by striking Code Section 7-1-414, relating to redemption and convertibility of shares and debt securities, and inserting in lieu thereof a new Code section to read as follows: 7-1-414. (a) Any preferred shares subject to redemption shall be redeemable only pro rata or by lot or by such other equitable method as is selected by the board of directors, except as otherwise provided in the articles. (b) With the written approval of the department and the votes of directors and shareholders required to authorize an increase in the capital stock of the institution under Code Section 7-1-511: (1) Preferred stock may be convertible to common stock; and (2) Subordinated securities may be convertible to common stock. (c) With the written approval of the department, a resolution of the board of directors, and a two-thirds' affirmative vote of the shares entitled to vote, a bank or trust company may acquire issued shares of its own common stock, which will then be considered treasury shares. The department shall consider whether the acquisition has a legitimate corporate purpose, whether any capital impairment would result, and whether the price of the shares reflects fair market value. SECTION 9 . Said chapter is further amended by striking Code Section 7-1-510, relating to authorized amendments to articles, and inserting in lieu thereof a new Code section to read as follows: 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

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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; or (7) 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 street address and 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 10 . Said chapter is further amended by striking subsection (e) of Code Section 7-1-511, relating to the proposal and adoption of amendments to articles, and inserting in lieu thereof a new subsection to read as follows: (e) Any amendment for the purposes set forth in paragraph (7) of subsection (a) of Code Section 7-1-510 shall require for its adoption the affirmative vote of at least two-thirds of all the shares entitled to vote thereon or of each class entitled to vote thereon where voting by class is required. SECTION 11 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-514, relating to the department's approval or disapproval of articles of

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amendment, and inserting in lieu thereof a new subsection to read as follows: (a) Upon receipt of the articles of amendment, the department shall conduct such investigation as it may deem necessary to determine: (1) That the articles of amendment and supporting items satisfy the requirements of this chapter; (2) Where the amendment would grant new powers or status to a bank or trust company, that the criteria for the granting of such powers or status as an original matter have been satisfied; (3) Where the amendment decreases the capital stock of the institution, that the remaining capital stock will be adequate to support its anticipated banking or trust business; (4) Where the amendment provides for a change to a new location, that the criteria for establishing a banking office at the new location have been satisfied; and (5) That the interests of the shareholders, depositors, and the public will not be impaired by the amendment. SECTION 12 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-532, relating to the execution, contents, and filing of articles of merger or consolidation, and inserting in lieu thereof a new subsection to read as follows: (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain: (1) The names of the parties to the plan and of the resulting bank or trust company; (2) The street address and county of the location of the main office and registered agent and registered office of each; (3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption; (4) The names and addresses of the first directors of the resulting bank or trust company; (5) In the case of a merger, any amendment of the articles of the resulting bank or trust company; (6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (4), (5), (6), (7), and (10) of subsection (a) of Code Section 7-1-392; and

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(7) The plan. SECTION 13 . Said chapter is further amended by adding a new subsection (c) to Code Section 7-1-550, relating to authority for national to state bank conversions, mergers, and consolidations, to read as follows: (c) A federal savings bank located in this state may apply to the department to convert to a state charter. The provisions of Code Section 7-1-293 shall apply to the resulting bank, and the conversion procedure shall be the same as for national bank conversions. SECTION 14 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-551, relating to articles of conversion, merger, or consolidation for national to state bank conversions, mergers, and consolidations, and inserting in lieu thereof a new subsection to read as follows: (b) The articles of conversion shall be signed by two duly authorized officers of the national bank under its seal and shall contain: (1) Its name and the name of the resulting bank or trust company; (2) The street address and county of its main office; (3) The name and initial registered agent and the street address where the initial registered office will be located; (4) The votes by which the plan of conversion was adopted and the time, place, and notice of each meeting in connection with such adoption; (5) The names and addresses of the first directors of the resulting bank or trust company; (6) The provisions required in articles of a new bank or trust company by paragraphs (5), (6), (7), and (10) of subsection (a) of Code Section 7-1-392; and (7) The plan of conversion. SECTION 15 . Said chapter is further amended by striking Code Section 7-1-556, relating to state bank to national bank conversions, mergers, or consolidations, and inserting in lieu thereof a new Code section to read as follows: 7-1-556. (a) A bank or trust company may convert into, or merge or consolidate with, a national bank or a federal savings institution upon:

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(1) Authorization by and compliance with the laws of the United States; and (2) Adoption of a plan of conversion, merger, or consolidation by the affirmative vote of at least: (A) A majority of its directors; and (B) The holders of two-thirds of each class of its shares at a meeting held upon not less than ten days' notice to all shareholders. (b) A state bank or trust company which converts into or merges or consolidates with a national bank or a federal savings institution shall: (1) Notify the department of the proposed conversion, merger, or consolidation; (2) Provide such evidence of the adoption of the plan of conversion, merger, or consolidation as the department may request; (3) Notify the department of any abandonment or disapproval of the plan; and (4) File with the department and with the Secretary of State a certificate of the approval of the conversion, merger, or consolidation by the appropriate federal regulator. (c) Conversion, merger, or consolidation of a state institution into a national banking association or a federal savings institution shall be effective upon completion of the requirements in subsection (b) of this Code section, and its articles as an institution existing under the laws of this state shall be automatically terminated. SECTION 16 . Said chapter is further amended by striking Code Sections 7-1-590 through 7-1-593, relating to definitions applicable to, and establishment and registration of, representative offices, and inserting in lieu thereof new Code sections to read as follows: 7-1-590. As used in this part, the term: (1) `Bank' and `bank holding company' shall have the same meaning as in Part 18 of this article. A `banking business' is the business which a bank is authorized to do pursuant to this title. The power to receive deposits or the performance of any transaction directly or through an affiliate or agent relative to a deposit account shall be presumed to constitute a banking business. (2) `Domicile' means the home state as defined in paragraph (12) of Code Section 7-1-621 where a bank is chartered or where a bank holding company is incorporated.

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(3) `Loan production office' is a form of a representative office, where the solicitation of loans or of leases of personal property may occur, but not the disbursement of loan proceeds nor any other banking business. It shall be established and registered as a representative office. (4) `Representative office' is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting other than a banking business. It shall not be considered to be a branch office or main office. (5) `Trust production office' means a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. The trust institution desiring to establish such an office in this state must apply to the department on forms provided by the department, must be approved by the commissioner to engage in sales activities in this state, and must register and pay any fees required for a representative office under Code Section 7-1-593. Sales activities shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary outside of this state. The department shall be permitted to examine such trust production offices to ascertain whether they are limiting their activities as prescribed. 7-1-591. A bank domiciled in this state and operating under its laws or the laws of the United States or a subsidiary or agent of such bank may establish a representative office anywhere in the state. A bank holding company domiciled in this state and operating under its laws or the laws of the United States or a nonbank subsidiary or agent of such bank holding company may establish a representative office anywhere in this state. 7-1-592. A bank or bank holding company domiciled outside this state and operating under the laws of such other state or territory or of the United States, or its subsidiary or agent, may establish representative offices anywhere in this state. 7-1-593. (a) A bank or bank holding company having a representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed according to regulations issued by the department, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the offices, and such other information as the department may require.

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The department may consolidate these requirements and those for agency relationships with the holding company registration required in Parts 18, 19, and 20 of this article. (b) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business. SECTION 17 . Said chapter is further amended by striking Code Sections 7-1-600 through 7-1-608 of Part 18, relating to bank branches, offices, facilities, and holding companies, and inserting in lieu thereof new Code sections to read as follows: 7-1-600. As used in this part, the term: (1) `Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or building and loan associations or similar associations or corporations; provided, however, that Code Sections 7-1-590 through 7-1-594, providing for the registration of representative offices; Code Sections 7-1-601 and 7-1-602, regulating the operation and establishment of bank branch offices; Code Section 7-1-603, regulating the expansion of existing facilities; and Code Sections 7-1-604 through 7-1-608, restricting the acquisition and ownership of bank shares or assets and regulating the operation of banks and bank holding companies in this state, shall apply to national banks and all other persons, corporations, or associations, by whatever authority organized, doing a banking or trust business in this state. `Bank' shall include `main office' and any `branch office,' unless the context indicates that it does not. (2) `Bank holding company' means `bank holding company' as defined in Code Section 7-1-605. (3) `Banking office' or `banking location' means either a main office or a branch office. (4) `Banking services' shall include all those offerings or services resulting from the exercise of banking powers as granted to banks in this title or by other applicable federal or state law or regulation.

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(5) `Branch office' means any location of a bank other than the main office where banking services are offered to the public. It does not include a representative office as defined in Code Section 7-1-590 or a bank extension as defined in Code Section 7-1-603. The department may provide by regulation that certain other activities do or do not constitute the formation of a branch office. (6) `Main office' means the principal banking location of a bank as such location appears in the records of the department. A bank shall indicate its principal banking location with the department, and if it fails to do so, the department shall choose a banking location of such bank to be the main office and shall so notify such bank. 7-1-601. (a) Branch offices may be established by banks doing a lawful banking business in Georgia with the prior approval of the department as follows: (1) New or additional branch offices may be established de novo in the manner provided in Code Section 7-1-602; (2) New or additional branch offices may be established through merger, consolidation, or sale of assets pursuant to Parts 14, 15, 16, 19, or 20 of this article; (3) A bank may acquire a branch office from another bank without acquisition of the entire bank. However, an out-of-state bank with no lawfully established branch office in Georgia may not directly or indirectly make such an acquisition; or (4) A bank with two or more existing banking offices in Georgia may redesignate its existing main office as a branch office in accordance with the procedures established by the department. (b) A bank not doing a lawful banking business in Georgia may become the owner of a branch office in Georgia provided such transaction is consummated under Section 12 or 13 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1811, et seq., as amended. (c) Taxation of all banks shall be in the manner provided in Chapter 6 of Title 48. (d) Each branch office will operate under the control and direction of the board of directors and executive officers of the bank, and the bank shall be responsible for adequately staffing the branch office to conduct the business of the branch office in accordance with this chapter, federal law, and the rules and regulations of the department. 7-1-602. (a) Application to establish a branch office shall be made to the department in such form as it may prescribe from time to time. The

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department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction that the public need and advantage will be promoted by the establishment of the proposed branch office, based upon the factors provided in paragraphs (3) through (7) of subsection (a) of Code Section 7-1-394. (b) After receipt of a complete application, the department shall have 90 days within which to approve or disapprove such application. Under normal circumstances and workload, the department will issue an approval or disapproval of a branch office within 21 days or after the end of the public comment period, whichever is later. (c) The department may approve an application contingent upon the satisfaction of additional conditions including the submission of information such as the date of opening and the capital outlay for the branch office. If the approval of a federal regulatory agency is required with respect to the branch office, the department may at its option withhold its written approval or disapproval until such federal approval is granted or denied or may withdraw its approval if the federal agency fails to act or refuses to grant approval. If the department disapproves the branch office, it shall notify the applicant of its disapproval and state generally in writing the unfavorable factors influencing its decision. The decision of the department is final, except that it may be subject to judicial review as provided in Code Section 7-1-90. (d) The department may provide by regulation that a bank which meets certain financial and managerial criteria may, in lieu of application, file a written notification with the department at a time to be specified in such regulation. (e) All lawfully established banking locations existing on July 1, 1999, other than a bank's main office, shall be known and shall qualify as branch offices. (f) In the event of merger or consolidation of two or more banks, pursuant to Parts 14 and 15 of this article, the surviving or resulting bank shall designate a main office and may retain and continue to operate any or all banking locations of each constituent bank as branch offices so long as they are consistent with and authorized by this part. In the event of the purchase of substantially all of the assets of a bank, subject to the review and approval by the commissioner of such transaction, the purchasing bank may retain and continue to operate any or all banking locations of the selling bank as branch offices so long as they are consistent with and authorized by this part. (g) The department's approval may be revoked if conditions in the approval have not been satisfied or if other violations of law occur as a result of the branch office's opening or operation.

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7-1-603. (a) An approved banking location may have an extension, which is not a branch or main office, at which banking activities may occur. The extensions described in this Code section do not require approval but may have certain restrictions or required notifications. (b) The following are extensions: (1) `Automated teller machine' means electronic equipment which performs routine banking transactions including, but not limited to, the taking of deposits for the public at locations off premises of a bank's main or branch office under regulations prescribed by the commissioner. (2) `Cash dispensing machine' means for the purposes of this part and as used in paragraph (4) of subsection (b) of Code Section 7-1-241 an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services. Such machines may provide account information but may not initiate intrabank transactions other than those necessary and incidental to the dispensing of cash. (3) `Point-of-sale terminal' means electronic equipment located in nonbank business outlets to record electronically with a bank transactions occurring as a result of the sale of goods or services. For purposes of this Code section, the terms `automated teller machine,' `point-of-sale terminal,' and `cash dispensing machine' shall not include personal communication devices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single bank customer. It is not the intent of this Code section to limit the ability of banks or other entities to utilize personal communication devices. The department may by regulation further define `automated teller machine,' `point-of-sale terminal,' `cash dispensing machine,' and `personal communication device' consistent with the objectives set forth in Code Section 7-1-3. (c) The following are restrictions on location of an extension: (1) Any bank doing a lawful banking business in this state may operate automated teller machines which shall be unstaffed and may be located throughout the state. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions; (2) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; and (3) A point-of-sale terminal may be located anywhere in the state.

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(d) An extension not defined in subsection (b) is permitted, provided such extension is located within the boundary lines of a single contiguous area of property owned or leased by the bank and used as a banking location, or if it is within 200 yards of such a banking location. Banking services may be performed at the extension. Written notification to the department is required for such extension. 7-1-604. No bank shall carry on or conduct or do a banking business in this state except in accordance with the provisions of this title which govern entry into this state to conduct such a business. `A banking business' is the business which a bank is authorized to do pursuant to this title. 7-1-605. (a) (1) Except as provided in paragraph (5) of this subsection, `bank holding company' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this part. (2) Any company has `control' over a bank or over any company if: (A) The company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 percent or more of any class of voting securities of the bank or company; (B) The company controls in any manner the election of a majority of the directors or trustees of the bank or company; or (C) The commissioner determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company. (3) For the purposes of any proceeding under subparagraph (C) of paragraph (2) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 percent of any class of voting securities of a given bank or company does not have control over that bank or company. (4) In any administrative or judicial proceeding under this part, other than a proceeding under subparagraph (C) of paragraph (2) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 percent or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under subparagraph (C) of paragraph (2) of this subsection. (5) Notwithstanding any other provision of this subsection:

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(A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in paragraphs (2) and (3) of subsection (c) of this Code section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, except that this limitation is applicable in the case of a bank or company acquiring such shares prior to July 1, 1976, only if the bank or company has the right, consistent with its obligations under the instrument, agreement, or other arrangement establishing the fiduciary relationship, to divest itself of such voting rights and fails to exercise that right to divest within a reasonable period not to exceed one year after July 1, 1976; and (B) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith until two years after the date of acquisition. (6) For the purposes of this part, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor company became a bank holding company. (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 qualified family partnership as defined in the federal Bank Holding Company Act of 1956, as amended. (3) The `Georgia Bank Holding Company Act' shall mean and include Code Sections 7-1-605 through 7-1-608 together with Part 19 of this article and any applicable rules and regulations. (4) `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

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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. (5) `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. (c) For the purposes of this part: (1) Shares owned or controlled by any subsidiary of a bank holding company shall be deemed to be indirectly owned or controlled by such bank holding company; (2) Shares held or controlled directly or indirectly by trustees for the benefit of: (A) A company; (B) The shareholders or members of a company; or (C) The employees (whether exclusively or not) of a company; shall be deemed to be controlled by such company; and (3) Shares transferred after July 1, 1976, by any bank holding company (or by the company which, but for such transfer, would be a bank holding company) directly or indirectly to any transferee that is indebted to the transferor, or has one or more officers, directors, trustees, or beneficiaries in common with or subject to control by the transferor, shall be deemed to be indirectly owned or controlled by the transferor unless the commissioner, after opportunity for hearing, determines that the transferor is not in fact capable of controlling the transferee. 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;

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(B) For any action to be taken that causes a bank to become a subsidiary of a bank holding company; (C) For any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control 5 percent or more of the voting shares of such bank; (D) For any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; (E) For any bank holding company to merge or consolidate with 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

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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 (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 or she shall first cause reasonable public notice of the proposed action to be given in the area to be affected and until he or she shall first afford to the public an opportunity to submit, for the commissioner's consideration, information, objections, and opinions as to the proposed action and its effect. The notice requirement may not apply in the case of a streamlined procedure where the holding company meets certain qualifying criteria established by rule, regulation, or written policy of the department. (e) Notwithstanding any other provisions of this part, a bank holding company which lawfully controls a bank or has received the requisite approvals under this Code section to acquire control of a bank may, with the approval of the commissioner, or as otherwise provided in this chapter or by departmental rule or regulation, either at the time such control is obtained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch office of such other banking subsidiary. Nothing in

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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, 16, 19, or 20 of this article which would otherwise be applicable to the merger of banks or the acquisition or sale of all or substantially all of the assets of a bank. 7-1-607. (a) On July 1, 1976, and annually thereafter on dates established by the commissioner, each bank holding company shall register with the commissioner on forms provided or prescribed by him or her, which may include such information with respect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part. (b) The commissioner is authorized to issue such regulations and orders as may be necessary to enable him or her to administer and carry out the purposes of this Code section and prevent evasions thereof, and for the purpose of lessening the regulatory burden to waive certain requirements associated with the annual reporting requirements for bank holding companies that do not have their principal place of business in Georgia and do not own Georgia banks. (c) The commissioner from time to time may require reports under oath to keep him or her informed as to whether the provisions of this Code section and such regulations and orders thereunder issued by him or her have been complied with; may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company; and shall, as far as possible, use the reports of examination made by the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System for the purposes of this Code section. (d) Bank holding companies and subsidiaries or affiliates thereof shall be regulated, controlled, and examined by the commissioner to the same extent that he or she regulates, controls, and examines state banks and other financial institutions under his or her jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The commissioner is authorized, directed, and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination, and control of bank holding companies doing business in this state.

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7-1-608. (a) It shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank, if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a result of the acquisition of control of such bank, unless: (1) The bank being acquired is either a `bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. Section 1841), or a `savings and loan,' a `state savings and loan,' a `savings bank,' or a `federal savings bank' whose deposits are insured under a federal deposit insurance program; and (2) Such bank of the type described in paragraph (1) of this subsection has been in existence and continuously operating or incorporated as a bank for a period of five years or more prior to the date of acquisition. (b) Notwithstanding the provisions of this Code section, the following activities are permitted. These activities regarding acquisitions by purchase and by formation are to be considered exceptions to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section: (1) A bank holding company may acquire all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of a federal or state chartered bank, savings and loan association, savings bank, building and loan association, or other corporation doing a banking business in this state or the trust department of such institutions, which has been in existence and continuously operating or incorporated as such an institution or exercising trust powers for the minimum period prescribed in subsection (a) of this Code section; (2) A company may become a bank holding company by virtue of acquiring control of a bank if neither the company, nor any other company controlled by or controlling such company, controls any other bank domiciled in this state or elsewhere; (3) A bank holding company registered with the department and owning a bank that does a lawful banking business in this state may acquire control through formation of a de novo bank in Georgia, provided that departmental approval and any required federal approvals are obtained. No out-of-state bank holding company may enter Georgia to do a banking business by formation of a de novo bank; and (4) A de novo bank established or formed pursuant to paragraph (3) of this subsection shall be subject to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section. A

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bank holding company may, however, merge or consolidate a de novo bank which may be less than five years old and that is established pursuant to paragraph (3) into another bank owned by that holding company. (c) The department may waive the application of the five-year age requirement in the case of a bank that has been found by federal or state regulators to be: (1) Insolvent or in an unsafe or unsound condition to transact its business; (2) In a condition where it has generally suspended payment of its obligations without authority of law; or (3) Under any plan, order, or agreement of any kind with the FDIC under Section 12, 13, or 38 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1811, et seq., as amended. SECTION 18 . Said chapter is further amended by striking paragraph (5) of Code Section 7-1-621, relating to definitions applicable to interstate acquisitions, and inserting in lieu thereof a new paragraph to read as follows: (5) `Banking office' or `banking location' means a main office or a branch office as such terms are defined in this chapter or any other office at which a bank accepts deposits. SECTION 19 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-1-622, relating to provisions applicable to interstate acquisitions or mergers by bank holding companies, and inserting in lieu thereof new subsections to read as follows: (a) A bank holding company may acquire a bank in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the provisions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition. Compliance with all applicable regulations, payment of applicable fees, and registration of the holding company shall be required. The restrictions of this Code section shall apply. (b) Notwithstanding anything contained in subsection (a) of this Code section and subject to the permitted acquisitions of subsection (b) of Code Section 7-1-608, no bank or bank holding company may: (1) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated or incorporated as a

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bank for a period of five years or more prior to the date of acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period; or (2) Directly or indirectly acquire a bank having banking offices in Georgia if: (A) Immediately before the consummation of the acquisition for which an application is filed, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in this state; and (B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. SECTION 20 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-623, relating to acquisitions not requiring department approval, and inserting in lieu thereof a new subsection to read as follows: (a) Subject to any applicable restrictions or exceptions provided for in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidiary with banking offices in Georgia may acquire a bank that does not have banking offices in this state, and a bank holding company, which may or may not have an out-of-state bank subsidiary having only branch offices in Georgia, may acquire an out-of-state bank with branch offices in Georgia, but shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department shall request. In lieu of furnishing the entire application, the applicant may submit to the department a description of the transaction within the same time frame. In this event, the department shall request further information only if needed. The department may, for good cause shown, object to the transaction by letter to the bank holding company and to

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the appropriate federal or state regulator before consummation of the transaction. Annual registration of the holding company with the department is required so long as it has banking offices in Georgia. SECTION 21 . Said chapter is further amended by striking paragraph (4) of Code Section 7-1-628.1, relating to definitions governing interstate banking and branching by merger, and inserting in lieu thereof a new paragraph to read as follows: (4) `Branch' in the context of this part shall have the same meaning as `domestic branch' in 12 U.S.C. Section 1813(o) of the Federal Deposit Insurance Act. Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this article. SECTION 22 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-628.3, relating to prohibited interstate merger transactions, and inserting in lieu thereof a new subsection to read as follows: (b) An interstate merger transaction shall not be permitted under this part unless the Georgia bank shall have been in existence and continuously operating or incorporated as a bank on the date of such merger or acquisition for a period of at least five years, subject to any applicable exception contained in subsection (b) of Code Section 7-1-608. SECTION 23 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-628.4, relating to permissible interstate merger transactions, and inserting in lieu thereof a new subsection to read as follows: (b) An out-of-state bank may enter into an interstate merger transaction with a Georgia bank, and an out-of-state bank resulting from such transaction may maintain and operate branches in Georgia. The requirements of Code Section 7-1-628.5 shall be met by the resulting bank. In order to consummate such a merger with a resulting out-of-state state bank, a Georgia state bank shall comply with Code Sections 7-1-531 through 7-1-533 and 7-1-537, except that the format of the articles of merger submitted in accordance with Code Section 7-1-532 may be in conformity with the resulting bank's home state law if such law requires a format different from that specified by Code Section 7-1-532. A Georgia state bank shall comply with Code Section 7-1-556 if a national bank or a federal savings bank is to be the resulting bank. SECTION 24 . Said chapter is further amended by striking Code Section 7-1-628.5, relating to requirements for resulting out-of-state banks, and inserting in lieu thereof a new Code section to read as follows:

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

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interstate merger transaction shall comply or assure compliance with the following additional requirements: (1) The supervisor of the out-of-state state bank must agree to share with the commissioner examination reports prepared by the supervisor and any other information deemed necessary by the commissioner regarding such bank. The exam reports from any other state shall be considered to be the other state's property and shall be protected as confidential by Georgia law; and (2) The out-of-state state bank must agree to make available to the commissioner any information that may be deemed necessary to protect Georgia consumers. SECTION 25 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-628.6, relating to powers of out-of-state banks branching into Georgia, and inserting in lieu thereof a new subsection to read as follows: (c) An out-of-state bank that has established or acquired a branch in Georgia under this part may establish or acquire additional branches in Georgia to the same extent, but to no greater extent, that any Georgia bank may establish or acquire a branch in Georgia under applicable federal and state law. Notification to the department from the bank is required at the same time as the application is made to the federal regulator. A letter describing the transaction shall constitute the required notification and may be written and sent by the bank or the home state regulator. SECTION 26 . Said chapter is further amended by striking paragraph (5) of Code Section 7-1-650, relating to powers of credit unions, and inserting in lieu thereof a new paragraph to read as follows: (5) It may borrow from any source, but the total of such borrowings shall at no time exceed 50 percent of paid-in shares, deposits, and surplus. The department may, notwithstanding the other provisions of this Code section, temporarily waive the requirements of this paragraph to permit an individual credit union to borrow for emergency purposes; SECTION 27 . Said chapter is further amended by striking Code section 7-1-704, relating to rules and regulations for enforcement of the article, and inserting in lieu thereof a new Code section to read as follows: 7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not

Page 700

inconsistent with law, for the interpretation and enforcement of this article. (b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department or its designated agent may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. (c) To assure compliance with the provisions of this article, the department may review the fees charged and fee income of any person cashing checks for a fee who claims exemption from licensing. Each person claiming exemption who is reviewed shall pay an hourly fee as provided in departmental regulations when the review requires more than four examiner hours and the review results in a finding that a license is required. The department, in its discretion, may permit the party claiming exemption to supply to the department the necessary books and records for its review at department headquarters. (d) The department shall remit all examination fees paid by licensees in accordance with Code Section 7-1-43, net of any cost paid to third parties authorized by the department to perform such examination services. SECTION 28 . Said chapter is further amended by striking Code Section 7-1-731, relating to the definition of a domestic international banking facility, and inserting in lieu thereof a new Code section to read as follows: 7-1-731. As used in this article, the term `domestic international banking facility' means the location within this state of any banking office, other than an `international bank agency,' as defined in Code Section 7-1-710, which derives its funds (1) from sources outside of the United States, (2) from another domestic international banking facility, or (3) from temporary advances from its parent organization and employs those funds for banking purposes outside of the United States or through its parent organization, but does not accept deposits subject to check or draft. A domestic international banking facility, when properly established pursuant to this article, shall not be considered to be a `branch office' or `main office' as defined in Code Section 7-1-600. SECTION 29 . Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 7-1-845, relating to miscellaneous felonies, and inserting in lieu thereof a new paragraph to read as follows:

Page 701

(3) Willfully engages in the business of: (A) A bank in violation of Code Section 7-1-241; (B) A trust company in violation of Code Section 7-1-242; (C) A credit union in violation of Code Section 7-1-633; (D) Selling checks before receiving a license as required by Code Section 7-1-681; (E) An international bank agency before receiving the license required by Code Section 7-1-713; (F) A business development corporation before approval of the department is granted under Code Section 7-1-743; (G) A building and loan association before its articles are approved; or (H) Transacting business either directly or indirectly as a mortgage broker or mortgage lender unless licensed by the department or exempt from licensing pursuant to Code Section 7-1-1001; or. SECTION 30 . Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 7-1-1001, relating to exemptions from licensing as mortgage brokers or mortgage lenders for certain persons and entities, and inserting in lieu thereof a new paragraph to read as follows: (11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor. To be exempt, a natural person must be employed by only one such employer; . SECTION 31 . Said chapter is further amended by striking Code Section 7-1-1003, relating to applications for mortgage broker or mortgage lender licenses, and inserting in lieu thereof a new Code section to read as follows: 7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. The department, by regulation, may prescribe different classes of licenses for both mortgage brokers and mortgage lenders. (b) The application shall include the following: (1) The legal name and address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof;

Page 702

(2) The name under which the applicant will conduct business in Georgia; (3) The address of the main office or principal place of business where books and records are located and any other locations at which the applicant will engage in any business activity covered by the provisions of this article, together with the mailing address where the department shall send all correspondence, orders, or notices. Any changes in this mailing address must be delivered in writing to the department before the change is effective; (4) The complete name and address of the applicant's initial registered agent and registered office for service of process in Georgia. If the applicant is a Georgia corporation, this registered agent shall be the same as the agent recorded with the Secretary of State. Any changes in the registered agent or registered office shall be delivered in writing to the department and the Secretary of State, if applicable, before the change is effective. The registered agent may, but is not required to, be an officer of the applicant, and the registered office must be a Georgia location where the registered agent may be served; (5) The general plan and character of the business; (6) A financial statement of the applicant; and (7) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant. (c) The application shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department, provided that such bond is required by this paragraph or by subparagraph (d)(2)(B) of Code Section 7-1-1004. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by noncompliance

Page 703

of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. The provisions of this paragraph shall not apply to any mortgage broker who provides the department with an audited financial statement, which statement demonstrates that the broker has a bona fide and verifiable tangible net worth of $25,000.00. SECTION 32 . Said chapter is further amended by striking Code Section 7-1-1003.1, relating to a physical place of business, and inserting in lieu thereof 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. In either case, an applicant must have a registered agent and a registered office in this state. SECTION 33 . Said chapter is further amended by striking subsections (a) through (e) of Code Section 7-1-1004, relating to the department's investigation of the applicant, and inserting in lieu thereof new subsections to read as follows: (a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains a registered agent for service in this state. (b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) Except as otherwise provided in subsection (d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant submits audited financial statements covering the most recent fiscal year preceding the date of the application or registration and such other financial data as the department may require which disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continuously

Page 704

maintained as a condition of licensure or registration. The department may promulgate regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure or registration. (d) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in addition to all other applicable requirements for licensure under this article: (1) In support of an application for a mortgage lender's license, the applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit, to another mortgage lender prior to the due date of the first payment by the borrower, but in no event later than 45 days after the date of funding; and (2) In support of an application for a mortgage lender's license, the applicant shall submit the following to the department: (A) Audited financial statements covering the applicant's most recent fiscal year preceding the date of the application and such other financial data as the department may require that demonstrate that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may require; (B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and which bond shall comply with the requirements for corporate surety bonds set forth in paragraph (2) of subsection (c) of Code Section 7-1-1003; and (C) Evidence of its approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development. (e) The department may not issue 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

Page 705

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 an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. SECTION 34 . Said chapter is further amended by striking Code Section 7-1-1006, relating to the contents, posting, and transferral of a license, changing locations, and opening offices, and inserting in lieu thereof a new Code section to read as follows: 7-1-1006. (a) Each license issued under this article shall state the address of the principal place of business or main office in Georgia or elsewhere and the name of the licensee. (b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee. (c) A license may not be transferred or assigned. (d) No licensee shall transact business under any name other than that designated in the license. (e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business, any change in registered agent or registered office, any change of principal officer, director, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of a change in address or an addition of a new location shall be submitted no later than 15 days before the change is made. Notice of other changes must be received by the department no later than 30 business days after the change is effective. (f) No licensee shall open an additional office without prior approval of the department. Applications for such approval shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public

Page 706

interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within ten days of the commencement of business at the additional office. SECTION 35 . Said chapter is further amended by striking Code Section 7-1-1007, relating to notice to the department of creditor's actions or bond cancellations, and inserting in lieu thereof a new Code section to read as follows: 7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003 or 7-1-1004, or involves a claim for damages in excess of $25,000.00 for a broker and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. (b) A corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 or 7-1-1004 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. (d) A licensee or registrant shall, within 10 days after knowledge of the event, report in writing to the department: (1) Any knowledge or discovery of an act prohibited by Code Section 7-1-1013; and

Page 707

(2) The discharge of any employee for dishonest or fraudulent acts. Any person reporting such an event shall be protected from civil liability as provided in Code Section 7-1-1009. SECTION 36 . Said chapter is further amended by striking Code Section 7-1-1009, relating to maintenance of books and records and investigation and examination of licensees and registrants, and inserting a new Code section to read as follows: 7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain at 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. (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;

Page 708

(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; (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; and (4) Disclose the imposition of an administrative fine or penalty under this article. (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, 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. Additionally, the commissioner or an examiner specifically designated

Page 709

may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. 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 licensee 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 or to or from other regulatory or licensing authorities; (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 37 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-1010, relating to annual reports and financial statements, and inserting in lieu thereof new subsections to read as follows: (b) Each mortgage broker licensed or registered under this article shall submit to the department initially and at the time of renewal an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond to meet the requirements for licensure in Code Section 7-1-1003, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applications an audited financial statement. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the

Page 710

department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. (c) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. An audit must be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section. SECTION 38 . Said chapter is further amended by striking Code Section 7-1-1013, relating to prohibited acts, and inserting in lieu thereof a new Code section to read as follows: 7-1-1013. It is prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed under this article and any person exempted from the licensing requirements of this article under Code Section 7-1-1001, to: (1) Misrepresent the material facts or make false statements or promises likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise; (2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which a mortgage lender or broker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or

Page 711

which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, loan application, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated: (A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; or (10) Provide an extension of credit or collect a mortgage debt by extortionate means. SECTION 39 . Said chapter is further amended by striking Code Section 7-1-1018, relating to enforcement, orders, penalties, and fines, and inserting in lieu thereof a new Code section to read as follows: 7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered under this article or any person employed by a licensee or registrant pursuant to Code Section 7-1-1001 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative

Page 712

Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status is obtained within the 30 day period, the order shall be rescinded by the department. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department. (e) All penalties and fines recovered by the department as authorized by subsection (g) of this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost

Page 713

of recovery, if it makes an accounting of all such costs and expenses of recovery in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (f) For purposes of this Code section, the term `person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (g) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article. SECTION 40 . Said chapter is further amended by striking Code Section 7-1-1019, related to criminal penalties, and inserting in lieu thereof a new Code section to read as follows: 7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who: (1) Shall violate the provisions of subsection (a) of Code Section 7-1-1002, by the willful transaction of a mortgage business without a license or exemption, shall be guilty of a felony punishable as provided in Code Section 7-1-845; or (2) Shall violate any of the other provisions of this article shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment. SECTION 41 . Chapter 5 of Title 7, relating to credit cards and credit card banks, is amended by striking paragraphs (8) and (9) of Code Section 7-5-2, relating to definitions, and inserting in lieu thereof new paragraphs to read as follows: (8) For purposes of this chapter, `holding company' means any company that controls a domestic or foreign lender or a credit card bank. The term `company' and `control' shall have the meanings set forth in Code Section 7-1-605. (9) `Qualifying organization' means a corporation, partnership, or other entity which at all times maintains an office in the State of Georgia at which it employs at least 250 persons residing in this state who are directly or indirectly engaged in providing the following

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services, either for the qualifying organization or on behalf of other domestic or foreign lenders or credit card banks: (A) The distribution of credit cards or other devices designed and effective to access credit card accounts; (B) The preparation of periodic statements of amounts due under credit card accounts; (C) The receipt from credit card holders of amounts paid on or with respect to such accounts; or (D) The maintenance of financial records reflecting the status of such accounts from time to time. The term `qualifying organization' shall also include any domestic bank and credit card bank satisfying the employment and activities requirements set forth in this paragraph. SECTION 42 . Said chapter is further amended by striking paragraphs (4) and (7) of Code Section 7-5-3, relating to the organization of credit card banks, and inserting in lieu thereof new paragraphs to read as follows: (4) The credit card bank shall conduct its limited deposit taking business only from a single location in this state; (7) The credit card bank may not accept demand deposits or deposits that the depositor may withdraw by check or similar means for payment to third parties or others, and it may not accept savings or time deposits of less than $100,000.00; . SECTION 43 . Said chapter is further amended by striking subsection (b) of Code Section 7-5-4, relating to credit card charges and fees, and inserting in lieu thereof a new subsection to read as follows: (b) The terms and conditions contained in the written agreement governing the credit card account between the domestic lender or credit card bank and the debtor shall be deemed to be material to the determination of interest, including, but not limited to: (1) Those provisions relating to the computation and charging of finance charges authorized by subparagraph (a) (1) (A) of this Code section; (2) The fees and charges authorized by subparagraph (a) (1) (B) of this Code section; and (3) All other terms and conditions of such written agreement.

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SECTION 44 . Said chapter is further amended by striking Code Section 7-5-6, relating to the applicability of banking laws, and inserting in lieu thereof a new Code section to read as follows: 7-5-6. (a) A credit card bank shall be subject to the provisions of Chapter 1 of this title except when any rights, powers, privileges, or provisions of Chapter 1 of this title are inconsistent with the rights, powers, privileges, provisions, or limitations of this chapter. (b) A credit card bank shall not be considered a `bank' for the purposes of Part 18 or Part 19 of Article 2 of Chapter 1 of this title; provided, however, every domestic lender, foreign lender, or holding company owning a credit card bank shall be subject to the provisions of Code Section 7-1-607, which concerns registration, reporting, and examination. SECTION 45 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PROFESSIONS AND BUSINESSESREAL ESTATE APPRAISERS, BROKERS, AND SALESPERSONS; ELECTRONIC FILING OF DOCUMENTS; SIGNATURES; CITATIONS FOR VIOLATIONS; PENALTIES; RECORDS RETENTION. Code Title 43, Chapters 39A and 40 Amended. No. 359 (House Bill No. 312). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such board to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such board to issue citations for apparent violations of Chapter 39A of this title, regulations issued thereunder, or appraiser standards of conduct; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; to authorize the Georgia Real Estate Commission to adopt regulations establishing procedures to reduce

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the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such commission to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such commission to issue citations based on apparent violations of Chapter 40 of this title, regulations issued thereunder, or unfair trade practices; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-4.1 to read as follows: 43-39A-4.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the board to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term `electronic signature' shall have the same meaning as provided in Code Section 10-12-3. SECTION 2 . Said title is further amended by striking in its entirety Code Section 43-39A-6, relating to the seal and records of the Georgia Real Estate Appraisers Board, and inserting in lieu thereof a new Code Section 43-39A-6 to read as follows:

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43-39A-6. (a) The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `Real Estate Appraisers Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. (b) The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may: (1) Properly destroy the paper record; or (2) Retain the paper record for a period of time determined by the board. SECTION 3 . Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-18.1 to read as follows: 43-39A-18.1. (a) It is the intent of the General Assembly to provide the board with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation provided for in this Code section shall not be construed as a sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for

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multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing. (c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation. SECTION 4 . Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-3.1 to read as follows: 43-40-3.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the commission to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term `electronic signature' shall have the same meaning as provided in Code Section 10-12-3. SECTION 5 . Said title is further amended by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-6 to read as follows: 43-40-6. (a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `State Real Estate Commission, State of

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Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. (b) The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. The commission may certify the license history of a licensee based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the commission may: (1) Destroy the paper record; or (2) Retain the paper record for a period of time determined by the commission. SECTION 6 . Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-25.2 to read as follows: 43-40-25.2. (a) It is the intent of the General Assembly to provide the commission with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation provided for in this Code section shall not be construed as a sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's

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designated trust account; or to pay 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 citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing. (c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation. SECTION 7 . This Act shall become effective on July 1, 1999. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CRIMES AND OFFENSESDEPOSIT ACCOUNT FRAUD; RESTITUTION; FEES OF BANKS AND FINANCIAL INSTITUTIONS. Code Section 16-9-20 Amended. No. 360 (House Bill No. 317). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of deposit account fraud, so as to change the provisions relating to restitution to the holder of an instrument which is the subject of deposit account fraud; to provide that restitution shall include any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of deposit account fraud, is amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows:

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(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. AGRICULTUREGEORGIA TOBACCO COMMUNITY DEVELOPMENT BOARD. Code Title 2, Chapter 18 Enacted. Code Sections 45-7-21 and 50-13-2 Amended. No. 361 (House Bill No. 872). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Tobacco Community Development Board; to authorize the board to determine an equitable allocation of private trust funds among tobacco growers and tobacco quota owners; to authorize the board to certify to private trustees instructions for payment of private trust funds to eligible tobacco growers and tobacco quota owners; to provide for the powers, duties, membership, operations, and administrative attachment of the board; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to compensation of the members of certain boards and commissions, so as to provide for the compensation of members of the board; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions applicable to state administrative procedure, so as to provide that the board shall not

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be subject to Chapter 13 of Title 50, the Georgia Administrative Procedure Act; 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 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at its end a new Chapter 18 to read as follows: CHAPTER 18 2-18-1. There is created the Georgia Tobacco Community Development Board. The Governor, as chairperson; the Commissioner of Agriculture, as vice chairperson; and the Attorney General, as secretary, shall serve on the board ex officio. The Governor shall appoint as additional members six citizens of the state, two of whom are active tobacco growers, two of whom are tobacco quota owners, and two of whom are citizens of the state with distinguished records of public service. Within each category, one initial appointee shall have a term of two years and the other shall have an initial term of three years. Thereafter, all terms of appointed members shall be three years. Each member shall also serve until his or her successor is duly appointed. 2-18-2. As used in this chapter, the term: (1) `Equitable allocation of private trust funds among tobacco growers and tobacco quota owners within the state' means the formula, proportion, or other basis which fairly distributes private trust funds among active tobacco growers and tobacco quota owners, taking into account their respective losses and the other adverse effects they respectively suffer from declines or anticipated declines in domestic cigarette consumption caused by the Master Settlement Agreement and such other substantially related factors as the board may determine. (2) `Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. The Master Settlement Agreement has been transmitted by the Attorney General to the Secretary of State and shall be maintained as a permanent record in the office of the Secretary of State, together with the enrolled Act by which this chapter is enacted. The Master Settlement Agreement shall not be published with the Act, but the Secretary of State shall, upon request and payment of copying costs,

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make a copy or certified copy of such document available to any member of the public. 2-18-3. The Georgia Tobacco Community Development Board shall have the following powers: (1) To determine an equitable allocation of private trust funds among tobacco growers and tobacco quota owners within the state; (2) To certify to private trustees or their delegates instructions for payment of private trust funds to particular eligible tobacco growers and tobacco quota owners; (3) To contract with private trustees and other persons for its statutory purposes and functions; (4) To appoint a director to conduct executive functions for the board. The director may be a state officer or employee who shall serve as a borrowed servant at no cost to the board; (5) To promulgate rules, policies, procedures and the like to guide its activities; (6) To establish budgets for the allocation of payments of private trust funds, including instructions to trustees to establish a reserve from such payments to be held for payments in future years, as provided by trust indentures; (7) To expend private trust funds for its administration as permitted by private trust indentures; (8) To identify other public and private funds for its purposes, including economic relief for other sectors of the tobacco economy in Georgia, and to make similar arrangements for the disbursement of the other funds to tobacco growers, tobacco quota owners, and other sectors of the tobacco economy in Georgia; and (9) To investigate, determine facts, and conduct such other activities and functions as may be reasonably necessary or convenient to its activities. 2-18-4. The board is attached to the Department of Agriculture for administrative purposes. Without limitation, the department shall provide such staff and other services as the board may need for its functions. Without detracting from the status of the board as a budget unit, the Department of Agriculture may expend its funds for purposes of the board as if such funds were appropriated directly to the board.

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2-18-5. There is created as a joint committee of the General Assembly the Georgia Tobacco Community Development Board Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Tobacco Community Development Board, as well as periodically review and evaluate the success with which the board is accomplishing its statutory duties and functions as provided in this chapter. The Governor, the President of the Senate, and the Speaker of the House shall invite one or more members of the state's congressional delegation to sit informally with the committee, with the privilege to participate in its deliberations and discussions but without power to vote. 2-18-6. The board in its activities shall not be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' SECTION 1.1 . Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to compensation of the members of certain boards and commissions, is amended by striking the word and at the end of paragraph (14); by replacing the period at the end of paragraph (15) with the symbol and word ; and; and by adding thereafter a new paragraph (16) to read as follows: (16) Georgia Tobacco Community Development Board. SECTION 2 . Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions applicable to state administrative procedure, is amended by striking paragraph (1) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General

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Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term `agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect. 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 28, 1999. COMMERCE AND TRADETOBACCO PRODUCT MANUFACTURERS; ESCROW ACCOUNTS; DEPOSITS; MASTER SETTLEMENT AGREEMENT. Code Title 10, Chapter 13 Enacted. No. 362 (House Bill No. 388). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufacturers

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to establish and make deposits into certain escrow accounts; to state legislative findings; to define terms; to provide that manufacturers required to establish escrow accounts shall be those who are not participating manufacturers in the master settlement agreement entered into between the state and certain other manufacturers; to establish the requirements for such escrow accounts; to establish the amounts which must be paid into such escrow accounts; to provide that funds may be released from such escrow accounts only under certain circumstances to pay certain claims against such manufacturers, to adjust for overpayments into such escrow accounts, or after the passage of a certain period of time; to provide that failure to make escrow payments shall be unlawful and to provide civil penalties for such violations; 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 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at its end a new Chapter 13 to read as follows: CHAPTER 13 10-13-1. (a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (b) Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. (c) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking. (d) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

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(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the `Master Settlement Agreement,' with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. (f) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. 10-13-2. As used in this chapter, the term: (1) `Adjusted for inflation' means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) `Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms `owns,' `is owned,' and `ownership' mean ownership of an equity interest, or the equivalent thereof of 10 percent or more, and the term `person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (3) `Allocable share' means Allocable Share as that term is defined in the Master Settlement Agreement. (4) `Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (C) any roll of tobacco wrapped in any substance containing tobacco which,

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because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (A) of this definition. The term `cigarette' includes `roll-your-own' (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of `cigarette,' 0.09 ounces of `roll-your-own' tobacco shall constitute one individual `cigarette.' (5) `Master Settlement Agreement' means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (6) `Qualified escrow fund' means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000.00 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subparagraph (B) of paragraph (2) of Code Section 10-13-3. (7) `Released claims' means Released Claims as that term is defined in the Master Settlement Agreement. (8) `Releasing parties' means Releasing Parties as that term is defined in the Master Settlement Agreement. (9) `Tobacco product manufacturer' means an entity that after the date of enactment of this chapter directly (and not exclusively through any affiliate): (A) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (B) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

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(C) Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. The term `tobacco product manufacturer' shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (A) through (C) of this paragraph. (10) `Units sold' means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or `roll-your-own' tobacco containers) bearing the excise tax stamp of the state. The state revenue commissioner shall promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year. 10-13-3. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following: (1) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or (2) (A) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation): (i) 1999: $.0094241 per unit sold after the date of enactment of this chapter; (ii) 2000: $.0104712 per unit sold after the date of enactment of this chapter; (iii) For each of 2001 and 2002: $.0136125 per unit sold after the date of enactment of this chapter; (iv) For each of 2003 through 2006: $.0167539 per unit sold after the date of enactment of this chapter; and (v) For each of 2007 and each year thereafter: $.0188482 per unit sold after the date of enactment of this chapter. (B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph (2) shall receive the interest or other appreciation on such funds as earned. Such funds

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themselves shall be released from escrow only under the following circumstances: (i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this paragraph: (I) in the order in which they were placed into escrow; and (II) only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the state's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph (B), funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow. (C) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this paragraph (2) shall annually certify to the Attorney General that it is in compliance with this Code section. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this Code section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this Code section shall: (i) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this Code section. The court, upon a finding of a violation of this Code section, may impose a civil penalty (to be paid to the general fund of the state) in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow; (ii) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this Code section. The court, upon a finding of a knowing violation of this Code section, may impose a civil penalty (to be

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paid to the general fund of the state) in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and (iii) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary) for a period not to exceed two years. Each failure to make an annual deposit required under this Code section shall constitute a separate violation. 10-13-4. The `Master Settlement Agreement' referred to in subsection (e) of Code Section 10-13-1 and other provisions of this chapter has been transmitted by the Attorney General to the Secretary of State and shall be maintained as a permanent record in the office of the Secretary of State, together with the enrolled Act by which this chapter is enacted. The Master Settlement Agreement shall not be published with the Act, but the Secretary of State shall, upon request and payment of copying costs, make a copy or certified copy of such document available to any member of the public. 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 28, 1999. MOTOR VEHICLES AND TRAFFICDUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM; DEFENSIVE DRIVING COURSES; DRIVER IMPROVEMENT CLINICS. Code Sections 40-5-1, 40-5-82, and 40-5-83 Amended. No. 363 (House Bill No. 318). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to administration of the Driver Improvement Program; to change certain provisions relating to

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establishment and approval of clinics and programs and fees therefor under the Georgia Driver Improvement Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraphs (9), (10), and (11) of Code Section 40-5-1, relating to definitions, and inserting in lieu thereof the following: (9) `DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component. (10) `Intervention component' means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83. (11) Reserved. SECTION 2 . Said title is further amended by striking subsection (c) of Code Section 40-5-82, relating to administration of the Driver Improvement Program, and inserting in lieu thereof the following: (c) The Department of Human Resources is designated as the agency responsible for the approval and certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article. SECTION 3 . Said title is further amended by striking subsections (a) and (e) of Code Section 40-5-83, relating to establishment and approval of clinics and programs and fees therefor under the Georgia Driver Improvement Act, and inserting in lieu thereof the following:

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(a) (1) The commissioner of public safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course. (e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $175.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human

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Resources and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CIVIL PRACTICEVENUE; CODEFENDANTS RESIDING IN DIFFERENT COUNTIES. Code Section 9-10-31 Amended. No. 364 (House Bill No. 370). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, so as

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to change venue provisions for cases involving certain joint or joint and several defendants residing in different counties; to provide for transfer of cases in certain specified circumstances; to provide for the burden and standard of proof on venue issues; to provide that certain pleading requirements are not altered or amended; to provide when a trial is deemed to commence; to provide for applicability; to provide for legislative intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, is amended by striking in its entirety Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in lieu thereof the following: 9-10-31. (a) Joint or joint and several tortfeasors, obligors or promisors, or joint contractors, or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. If, however, the court determines prior to the commencement of trial that: (1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or (2) As a matter of law, no defendant residing in the county in which the action is brought is a proper party; the action shall be transferred to the county and court which the plaintiff elects in which venue is proper. The burden of proof on the issue of venue shall be on the party claiming improper venue by a preponderance of evidence. (b) If all defendants who reside in the county in which an action is pending are discharged from liability before the commencement of trial, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed. (c) If all defendants who reside in the county in which the action is pending are discharged from liability after the commencement of trial, the case may be transferred to a county and court in which venue would otherwise lie only if all parties consent to such transfer. (d) For purposes of this Code section, trial shall be deemed to have commenced upon the jury being sworn or, in the instance of a trial without a jury, upon the first witness being sworn.

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(e) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers. (f) This Code section shall apply to actions filed on or after July 1, 1999. SECTION 2 . It is the intent of the General Assembly through this Act to provide for a fairer and more predictable rule of venue in actions involving joint or joint and several tortfeasors, obligors or promisors, or joint contractors, or copartners, residing in different counties; to establish venue in such actions prior to the commencement of trial in a manner that is fair and constitutionally sound; to eliminate the waste of time and resources to courts and parties under the vanishing venue doctrine; and to bring the law of venue into conformity with the language of Article IV, Section II, Paragraph IV of the Georgia Constitution of 1983. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSSUPERIOR COURTS; LAW CLERKS; LAW ASSISTANTS; COURT ADMINISTRATORS. Code Section 15-6-28 Amended. No. 365 (House Bill No. 371). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to change law clerks to law assistants; to authorize each judicial circuit to employ additional law assistants and court administrators subject to availability of funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, is amended by striking in its entirety Code Section 15-6-28, relating to law clerks and court administrators, and inserting in its place the following: 15-6-28. (a) The chief judge of each judicial circuit is authorized to employ either one law assistant or one court administrator for the circuit. Each

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judicial circuit is authorized to employ additional law assistants and administrators subject to availability of funds. (b) The chief judge of a judicial circuit wherein there is located an institution of the state designated by the Department of Corrections for carrying out the death sentence is authorized to employ a law assistant whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution. (c) All personnel actions involving law assistants and court administrators employed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27. (d) Funds for salaries, expenses, and other remuneration for law assistants and court administrators employed pursuant to this Code section shall be paid from state funds appropriated or otherwise available for the operation of the superior courts. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. BUILDINGS AND HOUSINGHOUSING AUTHORITIES; RESIDENT COMMISSIONERS. Code Sections 8-3-50 and 8-3-106 Amended. No. 366 (House Bill No. 406). AN ACT To amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for resident commissioners of city, county, and regional housing authorities in compliance with federal law; to provide for greater clarity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, is amended by striking Code Section 8-3-50, relating to the appointment, qualification, and tenure of commissioners, and inserting in lieu thereof a new Code section to read as follows: 8-3-50. (a) (1) When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of

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such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of a resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for such city. (2) In any city other than a city described in subparagraphs (a)(3)(A) and (a)(3)(B) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the mayor shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such city and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be directly assisted by the public housing authority within such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the mayor. (3) (A) In any city with a population of 350,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in such city. These resident commissioners shall be appointed for a term of office of one year. The two resident commissioners shall be voting members and four commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city. (B) In any city of this state having a population of not less than 95,000 nor more than 130,000 according to the United States

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decennial census of 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the commissioners authorized in paragraphs (1) and (2) of this subsection, an additional commissioner who shall be a recipient of direct assistance from the public housing authority within the city. Such additional commissioner shall be appointed for a term of office of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. (4) Reserved. (b) (1) When the governing body of a county adopts a resolution as provided in Code Section 8-3-5, said body shall appoint five persons as commissioners of the authority created for said county. (2) In any county other than a county described in subparagraph (b)(3) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the governing body shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such county and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be a recipient of direct assistance from the public housing authority within such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the governing body of such county. (3) In any county with a population of 550,000 or more according to the United States decennial census of 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection: (A) Appoint two commissioners to be known as `resident commissioners' who shall be residents of a housing project located within the unincorporated areas of such county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of such housing project for the appointment as resident commissioner, and the governing body shall appoint two of such nominees as resident commissioners. Such

Page 740

resident commissioners shall be appointed for terms of office of one year and shall be voting members. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the governing body of such county; and (B) Appoint an additional two members who shall be subject to the provisions of this Code section in the same manner as the five commissioners otherwise provided for in paragraph (1) of this subsection. Each commissioner provided for in this subparagraph shall be appointed for a term of office of five years and until the appointment and qualification of his or her successor, except that the initial appointment of one of the positions created by this subparagraph shall be for a term of office of four years and until the appointment and qualification of his or her successor. (c) Except as provided otherwise in this Code section, the commissioners who are first appointed shall be designated to serve for terms of office of one, two, three, four, and five years, respectively, from the date of their appointment; but thereafter commissioners shall be appointed for a term of office of five years, except that all vacancies shall be filled for the unexpired term. (d) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. (e) A commissioner shall hold office until his or her successor has been appointed and has qualified. (f) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. (g) A commissioner shall receive no compensation for his or her services; but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. SECTION 2 . Said article is further amended by striking Code Section 8-3-106, relating to the appointment by counties of regional housing authority commissioners, and inserting in lieu thereof a new Code section to read as follows: 8-3-106. The governing bodies of the counties desiring to form a regional housing authority shall have the right to establish by resolution the

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composition and size of the board of commissioners of the regional housing authority; provided, however, that each county shall have at least one commissioner on the board of commissioners of the regional housing authority and that at least one of the commissioners shall be a recipient of direct assistance from a public housing authority located within such region. The governing body of each county shall appoint the successors of the commissioner or commissioners appointed by it. A certificate of the appointment of any commissioner appointed pursuant to this Code section shall be filed with the clerk of the county, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE REGISTRATION PERIODS; INTERNATIONAL REGISTRATION PLAN; APPORTIONABLE VEHICLES; FEES. Code Sections 40-2-21 and 40-2-88 Amended. Code Sections 48-10-7.1 and 48-10-7.2 Enacted. No. 367 (House Bill No. 439). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to registration periods; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on apportionment basis; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to provide for rates of annual license fees for apportionable vehicles registered during specified periods; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking paragraph (1) of subsection (a) of Code Section 40-2-21, relating to registration periods, and inserting in lieu thereof the following: (1) `Registration period' means:

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(A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C or D; (III) The month of March for the owner whose name begins with the letter E or F; (IV) The month of April for the owner whose name begins with the letter G or H; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M or N; (VIII) The month of August for the owner whose name begins with the letter O or P; (IX) The month of September for the owner whose name begins with the letter Q or R; (X) The month of October for the owner whose name begins with the letter S or T; (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:

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(i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K; (III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and (IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons; or (C) (i) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. (ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons.

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For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88, and registration of vehicles under the fleet registration plan shall be as provided by Article 2A of this chapter. SECTION 2 . Said chapter is further amended by striking Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis, and inserting in lieu thereof the following: 40-2-88. (a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles. (b) Any reciprocity agreement, arrangement, or declaration relating to commercial vehicles in effect between this state and any jurisdiction not a party to such reciprocal agreement or plan or which relates to any matters not covered in such reciprocal agreement or plan shall continue in force and effect until specifically revoked or amended as provided by law.

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(c) (1) (A) Applications for registration or renewal of registration under the International Registration Plan may be submitted during the period of December 1, 2001 to February 15, 2002, for registration under such plan which shall be valid for a period beginning January 1, 2002, and ending at the conclusion of the applicable registration period specified in division (a)(1)(A)(i) or (a)(1)(A)(ii) of Code Section 40-2-21 which occurs between July 1, 2002, and June 30, 2003. (B) On and after July 1, 2002, applications for annual registration or renewal of registration under the International Registration Plan shall be submitted during the applicable registration period specified in division (a)(1)(A)(i) or (a)(1)(A)(ii) of Code Section 40-2-21. (C) Fees must be paid not later than 30 days from the date of the invoice, which will be mailed to the applicant. License plates are required to be displayed on vehicles registered under the International Registration Plan not later than 30 days from the date of the invoice. (2) Any owner of a vehicle required to be registered under the International Registration Plan who does not register and obtain a license to operate such vehicle as prescribed in paragraph (1) of this subsection, in addition to any other penalty which may be imposed if such vehicle is not timely registered in accordance with paragraph (1) of this subsection, shall be subject to a late application penalty of 10 percent of the total registration fees. Additionally, the owner of a vehicle required to be registered under the International Registration Plan who does not pay to the commissioner the registration fees by 30 days from the date of the registration fees invoice shall be subject to a late payment penalty of $50.00 per vehicle for which payment of registration fees is not received by the commissioner by the date prescribed in this paragraph. (d) The provisions of Code Sections 40-2-22, 40-2-23, 40-2-24, 40-2-26, and 40-2-81 shall not apply to vehicles registered under this Code section, except that: (1) Registration under the International Registration Plan shall not relieve a registrant from any other taxes due and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid; (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle

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tax return has been filed with the Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made; and (3) No vehicle registration or renewal thereof shall be issued without the commissioner's having first received certification that the vehicle sought to be licensed is insured in compliance with the mandatory provisions of Chapter 34 of Title 33, the `Georgia Motor Vehicle Accident Reparations Act.' (e) In the event of conflict between the provisions of this Code section or any agreement entered into under the provisions of this Code section and any other law or provision on this subject, the provisions of this Code section or any agreement entered into under the provisions of this Code section shall prevail. (f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his or her own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner. (g) The commissioner or any authorized agent of the commissioner is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by Code Section 48-10-2.1. and the International Registration Plan has been properly paid. The duties and powers of the commissioner as specified in Code Sections 48-2-7 through 48-2-11 are expressly made applicable to this Code section. (h) In lieu of full registration under the International Registration Plan, trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the state if full registration or apportioned registration were obtained. A person desiring a trip permit shall make application therefor as prescribed by the commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in Georgia for a period of 72 hours from the time of issuance.

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(i) The department is authorized and empowered to promulgate and to enforce such rules and regulations, including without limitation rules and regulations providing for appointment and regulation of private tag agents and use of electronic and direct registration methods, and to publish such forms as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under the authority set forth in this Code section. (j) Any person who violates any provision of this Code section shall, in addition to any other penalties provided by any other law, be punished by a fine of not less than $100.00 and not more than $250.00. SECTION 3 . Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by adding new Code Sections 48-10-7.1 and 48-10-7.2 to read as follows: 48-10-7.1. Any person initially registering under the International Registration Plan any of the vehicles named in subsection (a), (b), or (c) of Code Section 48-10-2.1 and whose next registration period ends: (1) More than six but not more than nine months later shall pay three-fourths of the annual license fee provided in this chapter; (2) More than three but not more than six months later shall pay one-half of the annual license fee provided in this chapter; or (3) Three or fewer months later shall pay one-fourth of the annual license fee provided in this chapter. 48-10-7.2. For purposes of registration of any vehicle under subparagraph (c)(1)(A) of Code Section 40-2-88 only, registrants shall be assessed fees as follows: (1) Any registrant whose registration period under said subparagraph will end during the third quarter of 2002 shall be assessed fees equivalent to three-fourths of the annual fee otherwise provided by law; (2) Any registrant whose registration period under said subparagraph will end during the fourth quarter of 2002 shall be assessed fees equivalent to the annual fee otherwise provided by law; (3) Any registrant whose registration period under said subparagraph will end during the first quarter of 2003 shall be assessed fees equivalent to one and one-fourth of the annual fee otherwise provided by law; and

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(4) Any registrant whose registration period under said subparagraph will end during the second quarter of 2003 shall be assessed fees equivalent to one and one-half of the annual fee otherwise provided by law. SECTION 4 . This Act shall become effective July 1, 2001. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LOCAL GOVERNMENTROCK QUARRY OPERATIONS; WATER SUPPLIES. Code Section 36-60-22 Enacted. No. 368 (House Bill No. 458). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, is amended by inserting at the end thereof the following: 36-60-22. Any other provision of law to the contrary notwithstanding, if the director of the Environmental Protection Division of the Department of Natural Resources determines after a scientific analysis that such a quarry location has significant adverse impact on the water system, no person may commence the operation of a limestone or dolostone rock quarry within eight miles of any well or spring accessing an underground source of water which provides water to any county or municipality in an amount of at least 50 percent of such county's or municipality's water supply or two million gallons per day, whichever is less.

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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 28, 1999. REVENUE AND TAXATIONSPECIFIC, BUSINESS, AND OCCUPATION TAXES. Code Title 48, Chapter 13, Article 1 Amended. No. 369 (House Bill No. 459). AN ACT To amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to delete an obsolete definition; to change or clarify certain definitions, including definitions for employee, gross receipts, location or office, and regulatory fees; to provide that owners and operators of bona fide coin operated machines, owners and operators of businesses where bona fide coin operated amusement machines are available for commercial use, and certain merchants or dealers as to certain deliveries in areas zoned for commercial use are not subject to regulatory fees of local governments; to authorize local governments to request payment of occupation taxes for practitioners and accept such payment from partnerships or corporations composed of practitioners; to change provisions relating to occupation tax on a business or practitioner with an office or location in more than one jurisdiction; to provide for the burden of proof; to change confidentiality provisions; to provide for reporting omission of taxpayer identification numbers to the Revenue Commissioner; to change provisions relating to the time for paying occupation tax and regulatory fees; to provide that payment of regulatory fees is a condition precedent for transacting business or practicing a profession; to provide for exceptions; to provide that certain practitioners who commence business on or after July 1 shall receive no reduction in the amount of occupation tax in certain circumstances; to change provisions relating to remedies for failure or refusal to pay occupation taxes and regulatory fees; to clarify that executions may be issued for any penalty or interest on such taxes and regulatory fees; to provide for a civil fine not to exceed $500.00; to remove a provision relating to criminal prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, is amended by striking Code Section 48-13-1, relating to a definition of in towns and cities, and inserting in lieu thereof the following: 48-13-1. Reserved. SECTION 2 . Said article is further amended by striking in their entirety paragraphs (1.1), (2), (3), and (6) of Code Section 48-13-5, relating to definitions, and inserting in lieu thereof the following: (1.1) (A) Except as otherwise provided in subparagraph (B) of this paragraph, `employee' means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099. (B) An individual who performs work under the direction and supervision of one business or practitioner in accordance with the terms of a contract or agreement with another business which recruits such individual is an employee of the business or practitioner which issues to such individual for purposes of documenting compensation a form I.R.S. W-2. (2) (A) `Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following:

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(i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(1), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts; and (vi) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt. (3) `Location or office' shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. The renter's or lessee's location which is the site of personal property which is rented or leased from another does not constitute a location or office for the personal property's owner, lessor, or the agent of the owner or lessor. The site of real property which is rented or leased to another does not constitute a location or office for the real property's owner, lessor, or the agent of the owner or lessor unless the real property's owner, lessor, or the agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at such site or otherwise conducts any other business, profession, or occupation at such site. (6) `Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee or registration fee. No local government is authorized to require any administrative

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fee, registration fee, or fee by any other name in connection with a regulatory fee, except an occupation tax, as defined in paragraph (4) of this Code section. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development. SECTION 3 . Said article is further amended in Code Section 48-13-9, relating to regulatory fees, by striking subsection (c) in its entirety and inserting in lieu thereof the following: (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Veterinarians; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects; (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622;

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(20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 48-17-1, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment of annual permit fees, in accordance with Code Section 48-17-9; (21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for commercial use; and (22) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments. SECTION 4 . Said article is further amended in Code Section 48-13-10, relating to methods of determining the amount of occupation tax, by inserting a new subsection to be designated subsection (h) to read as follows: (h) Notwithstanding any other provision in this article, any local government levying an occupation tax is authorized to request payment of such occupation tax from and accept payment from a partnership, corporation, or other business entity composed of practitioners subject to the election set out in subsection (g) of this Code section for each such practitioner. SECTION 5 . Said article is further amended by striking in its entirety Code Section 48-13-14, relating to businesses or practitioners with locations or offices in more than one jurisdiction, and inserting in lieu thereof the following: 48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts as defined in paragraph (2) of Code Section 48-13-5 of the business or practitioner for occupation tax purposes in accordance with one of the following methods: (1) Where the business or practitioner can reasonably allocate the dollar amount of gross receipts of the business or practitioner to one or more of the locations or offices on the basis of product manufactured

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in that location or office or the sales or other services provided in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or (2) Where the business or practitioner cannot reasonably allocate the dollar amount of gross receipts among multiple locations or offices, the business or practitioner shall divide the gross receipts reported to all local governments in this state by the number of locations or offices of the business or practitioner which contributed to the gross receipts reported to any local government in this state, and shall allocate an equal percentage of such gross receipts of the business or practitioner to each location or office. (b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (c) In the event of a dispute between the business or practitioner and the local government as to the allocation under this Code section, the business or practitioner shall have the burden of proof as to the reasonableness of this allocation. (d) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments. (e) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed

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within the local government's geographic jurisdiction for purposes of occupation tax. SECTION 6 . Said article is further amended by striking in its entirety Code Section 48-13-15, relating to confidentiality of information, and inserting in lieu thereof the following: 48-13-15. (a) Except as provided in subsection (c) of this Code section, information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50. (b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor. (c) Information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax. (d) In the event a taxpayer completes one or more forms in order to comply with a local government's ordinance or resolution imposing either an occupation tax or a regulatory fee and any such form fails to disclose the social security number or the appropriate federal or state taxpayer identification number, or other identification numbers, if required by the local government, such omission shall be reported in a timely manner to the state revenue commissioner. SECTION 7 . Said article is further amended by striking in their entirety Code Section 48-13-20, relating to time for payment, Code Section 48-13-22, relating to the amount of tax due from businesses commenced on or after July 1, and Code Section 48-13-26, relating to executions and criminal prosecution, and inserting in lieu thereof the following: 48-13-20. (a) All occupation taxes authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually within 30 days following January 1, or such other date specified in the local government ordinance imposing the taxes. In the event that any person commences

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business on any date after the date specified in this Code section or in the local government ordinance imposing the tax, the tax shall be due and payable 30 days following the commencement of the business. (b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession as a condition precedent for transacting business, or practicing a profession. (c) Regulatory fees may be paid after commencing business or the practice of a profession when: (1) The work done or services provided are necessary for the health or safety of one or more individuals; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession. 48-13-22. When any person commences business on or after July 1 in any year, the business or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; (2) the administrative fee authorized as a component of an occupation tax by subsection (e) of Code Section 48-13-10 shall not be reduced; and (3) a practitioner of a profession or occupation who elects as his or her occupation tax the amount described in paragraph (2) of subsection (g) of Code Section 48-13-10 shall receive no reduction in such amount. 48-13-26. In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and regulatory fees due the state, counties, and municipalities from persons subject to the tax or fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or fee shall issue executions against the delinquent taxpayers for any or all of the following: the amount of the taxes or fees due when the taxes or fees become due; any penalty imposed by subsection (a) of Code Section 48-13-21; and any interest imposed by the local ordinance in accordance with subsection (b) of Code Section 48-13-21. The court of competent jurisdiction for the enforcement of ordinances of the local government which has levied the tax or imposed the fee may, if authorized by the local ordinance, impose a civil fine for failure to pay the occupation tax or regulatory fee.

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Such a civil fine shall not exceed $500.00 and may be enforced by the contempt power of the court. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. FOOD, DRUGS, AND COSMETICSPHARMACY LICENSES; PHARMACIES IN GENERAL MERCHANDISING ESTABLISHMENTS; SIGNS. Code Section 26-4-110 Amended. No. 370 (House Bill No. 462). AN ACT To amend Code Section 26-4-110 of the Official Code of Georgia Annotated, relating to pharmacy licenses, so as to change certain sign and identification limitations regarding pharmacies in general merchandising establishments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 26-4-110 of the Official Code of Georgia Annotated, relating to pharmacy licenses, is amended by striking subsection (j) thereof and inserting in its place the following: (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. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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APPROPRIATIONSSUPPLEMENTAL FOR THE DEPARTMENT OF LABOR. No. 371 (House Bill No. 474). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $735,387.11. Of said additional amount, the sum of $735,387.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands,

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buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. SECTION 2 . The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act.

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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 28, 1999. CONSERVATION AND NATURAL RESOURCESWATER WELL CONTRACTORS OR DRILLERS; BOND OR LETTER OF CREDIT. Code Section 12-5-135 Amended. No. 372 (House Bill No. 502). AN ACT To amend Code Section 12-5-135 of the Official Code of Georgia Annotated, relating to requirement of bond or letter of credit from a water well contractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application; to provide that upon delivery of the prescribed bond or irrevocable letter of credit to the director of the Environmental Protection Division of the Department of Natural Resources no other bond or irrevocable letter of credit shall be required of any water well contractor or driller for the purposes of protecting the state or any political subdivision of the state or the citizens thereof from water well contractors or drillers who fail to meet the standards as set out in this Act or for any other like purpose required by any department, agency, or instrumentality of the state or a political subdivision thereof; to prohibit acceptance of any bond or irrevocable letter of credit from any water well contractor or driller who drills any well or borehole for the purpose of injecting any surface water into the floridan aquifer during a specified period; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 12-5-135 of the Official Code of Georgia Annotated, relating to requirement of bond or letter of credit from a water well contractor or driller, is amended by adding at the end thereof the following: (g) The bond or irrevocable letter of credit provided for in this Code section shall have state-wide application. (h) Upon delivery of the prescribed bond or irrevocable letter of credit to the director, no other bond or irrevocable letter of credit shall be

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required of any water well contractor or driller for the purposes of protecting the state or any political subdivision of the state or the citizens thereof from water well contractors or drillers who fail to meet the standards as set out in this part or for any other like purpose required by any departm[UNK]ent, agency, or instrumentality of the state or a political subdivision thereof. (i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 1999, and before December 31, 2002. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. GENERAL ASSEMBLYFISCAL NOTE REQUIREMENTS FOR BILLS SIGNIFICANTLY AFFECTING STATE GOVERNMENT REVENUES OR EXPENDITURES. Code Section 28-5-42 Amended. No. 373 (House Bill No. 522). AN ACT To amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the Georgia Fiscal Note Act, so as to change provisions relating to requests for and preparation of fiscal notes; to provide for additional procedures and requirements; to provide for waiver conditions; to provide for circumstances when a second fiscal note need not be requested; 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 5 of Title 28 of the Official Code of Georgia Annotated, the Georgia Fiscal Note Act, is amended by striking Code Section 28-5-42, relating to introduction and consideration of bills impacting state revenues and expenditures, and inserting in its place a new Code section to read as follows: 28-5-42. (a) (1) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council,

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committee, commission, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by November 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. With respect to a member-elect of the General Assembly, such person must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note not later than the day of convening of the General Assembly. (2) The failure to request a fiscal note by November 1 as provided in paragraph (1) of this subsection shall preclude consideration of the measure by the Senate or the House of Representatives unless the committee to which a bill is assigned in the chamber in which it is introduced: (A) (i) Determines that such bill will have a significant impact as described in paragraph (1) of this subsection; (ii) Waives the applicable November 1 or December 1 deadline of paragraph (1) of this subsection; (iii) Requests a fiscal note from the director of the Office of Planning and Budget and the state auditor, except as otherwise provided in subsection (e) of this Code section; and (iv) Among fiscal notes so requested, the chairperson of such committee suggests a preferred order of completion to guide the director of the Office of Planning and Budget and the state auditor; or (B) Determines that such bill will not have a significant impact as described in paragraph (1) of this subsection. (3) Any such determination or waiver shall be by the affirmative vote of a majority of the members of the committee, on a specific motion for waiver, and shall allow consideration of the measure by both chambers so long as the bill has been introduced not later than the twentieth day of any session. (4) Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. (5) This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements

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of Code Section 28-1-14, relating to the advertisement of local legislation. (b) In the event any bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the twentieth day of any session, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. (c) (1) In the event a bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced not later than the twentieth day of any session, the chairperson of the committee to which such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The chairperson shall make such request after the bill is referred to the committee. (2) The chairperson shall not be required to make such request with respect to any bill for which: (A) A fiscal note has been requested by the sponsor of the bill pursuant to paragraph (1) of subsection (a) of this Code section and the chairperson has been duly notified in writing of such request by such sponsor; or (B) The director of the Office of Planning and Budget and the state auditor have previously submitted a fiscal note pursuant to a request under paragraph (1) of subsection (a) of this Code section. (d) In the event a determination is made under subparagraph (a)(2)(B) of this Code section that a bill will not have a significant impact, if the director of the Office of Planning and Budget or the state auditor has information or knowledge that any bill will have a significant impact as described in paragraph (1) of subsection (a) of this Code section, a fiscal note may be prepared according to the criteria outlined in subsection (g) of this Code section. Such a fiscal note may be prepared without a request by the bill's author or the committees to which it is assigned in either chamber. Any fiscal note prepared according to this subsection shall be distributed consistent with Code Section 28-5-44. (e) During any regular session of the General Assembly, the director of the Office of Planning and Budget and the state auditor shall prepare

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and submit the fiscal note within five days after receipt of the request or within ten days if the director of the Office of Planning and Budget and the state auditor have made a formal request for extension of time. (f) The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of fiscal notes pursuant to this Code section. (g) The fiscal note required by this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation in effect during any regular session of the General Assembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made. 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 28, 1999.

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AGRICULTUREAGRICULTURAL COMMODITY COMMISSION FOR PEANUTS; PROPERTY; POWERS. Code Section 2-8-54 Amended. No. 374 (House Bill No. 541). AN ACT To amend Code Section 2-8-54 of the Official Code of Georgia Annotated, relating to the powers and authority of the Agricultural Commodity Commission for Peanuts, so as to specifically authorize the commission to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 2-8-54 of the Official Code of Georgia Annotated, relating to the powers and authority of the Agricultural Commodity Commission for Peanuts, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSPROBATE COURTS; JUDGES SERVING AS CHIEF MAGISTRATES OR MAGISTRATES; MINIMUM SALARIES; INCREASES. Code Section 15-9-63 Amended. Code Section 15-9-63.1 Enacted. No. 375 (House Bill No. 548). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to compensation

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for services as magistrate or chief magistrate for probate judges; to provide for minimum salaries and periodic increases; to provide for longevity increases; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-63, relating to minimum salaries, and inserting in its place the following: 15-9-63. (a) (1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 20,511.00 6,00011,889 27,083.00 11,89019,999 30,084.00 20,00028,999 33,235.00 29,00038,999 36,769.00 39,00049,999 38,783.00 50,00074,999 41,737.00 75,00099,999 45,973.00 100,000149,999 50,210.00 150,000199,999 55,936.00 200,000249,999 61,662.00 250,000299,999 64,435.00 300,000399,999 67,209.00 400,000499,999 70,209.00 500,000 or more 73,209.00 (2) On and after July 1, 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code

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Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.

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SECTION 2 . Said chapter is further amended by inserting a new Code section to be designated Code Section 15-9-63.1 to read as follows: 15-9-63.1. (a) Beginning with the effective date of this Code section, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $8,500.00; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after the effective date of this Code section, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) On and after January 1, 2000, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999, effective the first day of January following the completion of each such period of service.

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SECTION 3 . This Act shall become effective January 1, 2000. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONEXCISE TAX ON FURNISHING ROOMS, LODGINGS, OR ACCOMMODATIONS. Code Section 48-13-51 Amended. No. 377 (House Bill No. 558). AN ACT To amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-13-51, relating to the levy and collection of certain excise taxes, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof the following: (1) (A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local

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ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section. (B) (i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation. (C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or

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accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. (D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead. SECTION 2 . Said Code section is further amended by inserting immediately following paragraph (4.5) of subsection (a) the following: (4.6) (A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a convention center authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 2001, for the purpose of owning or operating a facility may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4.6)) an amount equal to at least 40 percent of the total

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taxes collected at the rate of 5 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such convention and visitors authority; or (C) 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, a convention center authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. Any tax levied pursuant to this paragraph (4.6) shall terminate not later than December 31, 2037, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (4.6), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.6) shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph (4.6) 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 a convention center authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.6), the terms `fund' and `funding' shall include the cost and expense of all things deemed necessary by a local convention center authority for the construction, renovation, and operation of a facility including, but not limited to, the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local convention center authority in connection therewith; `obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and `facility' shall mean a convention center or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local convention center authority. (B) Notwithstanding any other provision of this subparagraph, a municipality located within a standard metropolitan statistical area

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recognized by the United States Department of Commerce, Bureau of the Census, which is levying a tax at a rate of 5 percent pursuant to paragraph (3) of this subsection on or before January 1, 1999, and in which an interstate highway is located, shall, on and after the effective date of this Act, be authorized to levy and collect a tax under this Code section at a rate of 6 percent. A municipality levying a tax pursuant to this subparagraph shall expend, in each fiscal year during which the tax is collected under this subparagraph, an amount equal to the amount by which the total taxes collected under this subparagraph exceed the taxes which would have been collected at the rate of 5 percent for the purpose of dispensing information about the qualities of such municipality and promoting business in the municipality and to acquire for such use a building located in an area of high density retail businesses within the limits of such municipality. During any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this subparagraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this subparagraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this subparagraph 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 a convention center authority, shall constitute a contract with the holder of such obligations. SECTION 3 . Said Code section is further amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof the following: (6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection. SECTION 4 . Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in lieu thereof the following:

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(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6) (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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CONTRACTSBAD CHECKS; DAMAGES; FEES OR CHARGES OF BANKS OR FINANCIAL INSTITUTIONS. Code Section 13-6-15 Amended. No. 378 (House Bill No. 562). AN ACT To amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs generally in connection with contracts, so as to change the provisions relating to damages for writing bad checks; to provide that damages shall include any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs generally in connection with contracts, is amended by striking in its entirety Code Section 13-6-15, relating to damages for writing bad checks, and inserting in lieu thereof a new Code Section 13-6-15 to read as follows: 13-6-15. (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $25.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment. (c) Before any recovery under subsection (a) of this Code section may be claimed, a written demand in substantially the form which follows

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shall be sent by certified mail to the maker of the instrument at the address shown on the instrument: `You are hereby notified that a check or instrument numbered, issued by you on(date), drawn upon(name of bank), and payable to, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 or 5 percent of the face amount of the check or instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, the total amount due being $. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.' (d) For purposes of this Code section, the holder of the dishonored check, draft, or order shall file the action in the county where the defendant resides. (e) It shall be an affirmative defense, in addition to other defenses, to an action under this Code section if it is found that: (1) Full satisfaction of the amount of the check or instrument plus the applicable service charge and any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored was made prior to the commencement of the action; (2) The bank or depository erred in dishonoring the check or instrument; or (3) The acceptor of the check or instrument knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check or instrument to be honored. (f) In an action under this Code section, the court or jury may, however, waive all or part of the double damages upon finding that the defendant's failure to satisfy the dishonored check or instrument was due to the defendant receiving a dishonored check or instrument written to the defendant by another party. (g) Subsequent to the commencement of the civil action under this Code section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim an amount of money equal to the

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sum of the amount of the dishonored check, service charges on the check, any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, and any court costs incurred by the plaintiff in taking the action. (h) In an action under this Code section, if the court or jury determines that the failure of the defendant to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the double damages. However, if the court or jury waives all or part of the double damages, the court or jury shall render judgment against the defendant in the amount of the dishonored check plus service charges on the check plus any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored and any court costs incurred by the plaintiff in taking the action. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LAW ENFORCEMENT OFFICERS AND AGENCIESCHIEFS AND AGENCY HEADS; CERTIFICATION; GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT; DEPARTMENT OF JUVENILE JUSTICE; COUNTY PROBATION SYSTEMS; ADMINISTRATIVE INVESTIGATORS; SUPPORT PERSONNEL; TRAINING. Code Section 35-1-11 Enacted. Code Sections 35-8-2, 35-8-20.1, and 35-8-21 Amended. No. 379 (House Bill No. 580). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of Title 35, known as the Georgia Peace Officer Standards and Training Act; to provide an exception; to change the definition of the term department head; to change the definition of the term peace officer; to provide that personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and 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 the department's institutions, facilities, or programs

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shall be considered peace officers; to provide that certain personnel of county probation systems shall be considered peace officers; to provide that certain administrative investigators with law enforcement authority shall be considered peace officers; to provide that law enforcement support personnel are not peace officers but may be certified as such upon voluntarily complying with required certification provisions; to provide that any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after June 30, 1999, shall successfully complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment; to provide that a sworn employee serving in the capacity of a department head of a law enforcement unit for more than 60 days is required to comply with certain training requirements; to provide for waivers of such training requirements under certain conditions; to change certain other provisions relating to training requirements for peace 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 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 1, relating to general provisions applicable to law enforcement officers and agencies, a new Code Section 35-1-11 to read as follows: 35-1-11. Any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of this title, known as the `Georgia Peace Officer Standards and Training Act.' The provisions of this Code section shall not apply to sheriffs. SECTION 2 . Said title is further amended by striking in its entirety paragraph (4) of Code Section 35-8-2, relating to definitions applicable to the Georgia Peace Officer Standards and Training Act, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Department head' means the chief executive or head of a state department or agency, a county, a municipality, or a railroad who is a peace officer and whose responsibilities include the supervision and assignment of one or more employees or the performance of administrative and managerial duties of a police agency or law enforcement unit. Such term does not include the Attorney General, the director of

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the Georgia Drugs and Narcotics Agency, a district attorney, a solicitor general, a county or municipal fire chief, or peace officers employed exclusively as investigators of any such offices who do not exercise any law enforcement supervisory or managerial duties. The provisions of this paragraph shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff. SECTION 3 . Said title is further amended by striking in its entirety paragraph (8) of Code Section 35-8-2, relating to definitions applicable to the Georgia Peace Officer Standards and Training Act, 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 Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children; (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and 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 the department's institutions, facilities, or programs; (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and (D) An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency. Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.

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SECTION 4 . Said title is further amended by striking in its entirety subsection (a) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after December 31, 1992, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after June 30, 1999, shall successfully complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. A sworn employee acting in the capacity of a department head of a law enforcement unit for more than 60 days shall be required to attend training specified under this Code section and Code Section 35-8-20. The provisions of this subsection shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff. SECTION 5 . Said title is further amended by striking in its entirety subsection (a) of Code Section 35-8-21, relating to training requirements for peace officers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) During calendar year 1999 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section; provided, however, that any peace officer serving with the Department of Public Safety who is a commissioned officer shall receive annual training as specified by the commissioner of public safety. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CONSERVATION AND NATURAL RESOURCESTIRE FEES SUNSET POSTPONEMENT; SCRAP TIRE PROGRAM REPORTS. Code Section 12-8-40.1 Amended. No. 380 (House Bill No. 578). AN ACT To amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the time

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that a $1.00 tax on new tires shall be collected; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, is amended by striking in its entirety paragraph (3) of subsection (h) and inserting in lieu thereof the following: (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2005. The director shall make an annual report to the House Committee on Natural Resources and the Environment and the Senate Natural Resources Committee regarding the status of the scrap tire program. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONSPECIAL COUNTY 1 PERCENT SALES AND USE TAX; USE OF PROCEEDS; MAJOR CAPITAL EQUIPMENT. Code Section 48-8-111 Amended. No. 381 (House Bill No. 618). AN ACT To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be expended for major capital equipment; 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 imposition of the special county 1 percent sales and use tax, is amended by adding a new subsection immediately following subsection (a), to be designated subsection (a.1), to read as follows: (a.1) For purposes of subsection (a) of this Code section, a `capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall

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include, but not be limited to, police cars, fire trucks, ambulances, garbage trucks, and other major equipment. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. REVENUE AND TAXATIONTAX COLLECTORS AND TAX COMMISSIONERS; MINIMUM SALARIES; INCREASES. Code Section 48-5-183 Amended. No. 382 (House Bill No. 627). AN ACT To amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation; to provide for conditions and 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 . Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph (2) to read as follows: (2) (A) On and after July 1, 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application

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of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (B) On and after July 1, 1999, and prior to July 1, 2001, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by a percentage or amount applicable to such state employees which shall be four percentage points greater than such percentage or an amount equivalent to such increased percentage point amount. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the increased percentage or increased amount authorized under this paragraph shall be based upon the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. Any periodic increase authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective;

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provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. 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 28, 1999. MOTOR VEHICLES AND TRAFFICREGISTRATION AND LICENSING OF VEHICLES; PORT VEHICLES; DIMENSIONS AND WEIGHT LIMITS; EXEMPTIONS. Code Section 40-2-20 Amended. Code Section 32-6-25.1 Enacted. No. 383 (House Bill No. 678). AN ACT To amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, so as to exempt certain port vehicles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and license requirements, is amended by adding to subsection (b) a new paragraph (2.1) to read as follows: (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of the National System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an

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escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; SECTION 2 . Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, is amended by adding a new Code Section 32-6-25.1 to read as follows: 32-6-25.1 The limitations of Code Section 32-6-23 as to width and of Code Section 32-6-24 as to length shall not apply to the following loads and vehicles, which may exceed such limitation without a permit: Any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of the National System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. GAME AND FISHCRABS; TRAPS; FLOATS; NOTICE; VESSEL MARKINGS; LICENSES. Code Section 27-4-151 Amended. No. 384 (House Bill No. 681). AN ACT To amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change requirements for identifying crab trap floats; to require written notice to the Department of Natural Resources when a licensed crabber permits another person to work his or her traps; to change requirements for vessel identification markings; to provide that a vessel may pull only crab traps with identification markings corresponding to the vessel markings; to provide that one vessel may be issued only one identification number; to provide that a licensed crabber working the traps of another by permission may not work traps of any other person, including traps of himself or herself, at the same time; to

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provide that a crabber whose license is revoked by the department may only obtain another license through the license lottery; 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 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, is amended by striking in its entirety Code Section 27-4-151, relating to use of crab traps and identification of boats or vessels, and inserting in lieu thereof the following: 27-4-151. (a) For purposes of crabbing, that portion of the St. Marys River and the Satilla River System (including the Satilla River and White Oak Creek) which is seaward of the points at which the Seaboard Coastline Railroad crosses such streams and that portion of the Altamaha River System which is seaward of the points at which U.S. Highway I-95 crosses the streams of that system shall be considered salt water. It shall be unlawful to place any crab trap in the waters of this state other than that described as salt water in Code Section 27-4-1 or by this subsection. (b) It shall be unlawful to set or place any commercial crab trap in the salt waters of this state which does not have attached a float which is made of a substance visible from a distance of 100 feet in clear weather at slack tide. For the purposes of this Code section, `slack tide' means that portion of the tidal current characterized by slowness, sluggishness, and lack of energy and which occurs approximately midway between maximum flood-tide and maximum ebb-tide currents and between maximum ebb-tide and maximum flood-tide currents. (c) It shall also be unlawful to set or place in the salt waters of this state any commercial crab trap which does not have attached a float with such identification as is assigned by the department to the owner of the trap. Such identification shall be at least one inch in height, of a color which contrasts with the color of the float, of block character, and spaced so as to be readable from left to right. The identification shall be assigned by the department to the owner of the trap when the owner is issued his or her commercial crabbing license. For subsequent years, the same identification shall be assigned to such commercial crab fisherman. (d) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual licensed as required in subsection (b) of Code Section 27-4-150 and carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified in writing of such permission, to pull such trap or to take crabs

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from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float. (e) It shall also be unlawful for any person to engage in commercial crabbing with a boat or vessel unless there is displayed on each side of the forward third of the boat or vessel so as to be readable from the water such identification as is assigned by the department to such person. The identification shall be at least eight inches in height, of a color which contrasts with the color of the background, of block character, and spaced so as to be readable from left to right. The assigned identification of the boat or vessel being utilized shall correspond to the identification of the float of the trap from which crabs are being taken. No boat or vessel shall be assigned more than one identification in any license year unless such boat or vessel is transferred to another licensed commercial fisherman and such transfer is registered with the department. A crabbing boat or vessel may only employ traps marked with floats with identification issued by the department corresponding to the identification of the boat or vessel being utilized. No identification may be assigned to more than one boat or vessel in any license year, except for replacement vessels as provided in subparagraph (B) of paragraph (1) of subsection (g) of this Code section; provided, however, that one identification number may be assigned to a licensed crabber's primary and alternate vessels, only one of which may be operated for crabbing at any time. (f) It shall be unlawful for any person to catch crabs for commercial purposes within 100 feet of the dock of any other person. It shall also be unlawful to place or set commercial crab traps in the channel of any stream when such channel has been marked by a lawfully established system of waterway markers. (g) (1) (A) The first time after July 1, 1998, that a person obtains or renews a commercial crabbing license, he or she shall obtain a permit from the department establishing the maximum number of traps he or she may deploy at any given time during that license year. Such permits shall be issued in 50 trap increments up to a maximum of 200 traps. The licensee shall pay a fee of $2.00 per trap for the permit, and the permit shall be for the same duration and shall be renewed at the same time as the commercial crabbing license. (B) No crab trap permit may be sold or transferred to another person except as provided in this subparagraph. Such a permit may be transferred along with the transfer of the licensed commercial crabber's nontrawler license to a replacement vessel if the transfer

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of the permit and the license is registered with the department. Such a permit may be transferred to the purchaser of a commercial crab boat along with the commercial crabber's license and the commercial crabber's nontrawler license if the transfer of the permit, the commercial crabber's license, and the commercial crabber's nontrawler license are recorded with the department and a new permit fee is paid to the department. (C) No crab trap permit may be amended to permit the use of more traps except at the time of license renewal. The licensee shall have the trap permit in his or her possession at all times while crabbing. (2) It shall be unlawful for any licensed commercial crab fisherman or a person designated by such licensee as provided in subsection (d) of this Code section to employ more crab traps than the number allowed by his or her crab trap permit at any time. It shall be unlawful for any person to exercise harvest permission as provided in subsection (d) of this Code section from more than one licensed commercial crab fisherman at any time. (3) Any person violating the provisions of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, the license of any person found guilty of employing more than 50 excess crab traps shall be suspended for one year, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license. Upon a second or subsequent such offense, the person's license shall be revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license; provided, however, that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (5) of subsection (e) of Code Section 27-4-150. (4) Whenever the commissioner or his or her designee has reason to believe that any person has violated the provisions of paragraph (1) or (2) of this subsection or any rule or regulation promulgated to implement such subsection, he or she may request and shall receive a hearing before an administrative law judge of the Office of State Administrative Hearings acting in place of the Board of Natural Resources, as provided by Code Section 50-13-41. Upon finding that such person has violated this Code section, the administrative law judge shall impose a civil penalty in the amount of $100.00 for each trap in excess of the permitted number. The decision of the administrative

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law judge shall constitute a final decision in the matter, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (h) Any commercial crab trap in violation of this Code section is declared to be contraband and subject to seizure by conservation rangers, sheriffs, and other peace officers authorized to enforce this title. (i) Nothing in this title shall be construed to require any individual to obtain a commercial fishing license or a commercial crabbing license when such person is deploying six or fewer crab traps in the salt waters of this state to take crabs for personal consumption; provided, however, that each crab trap measures 2 feet by 2 feet or smaller; a float clearly marked with the owner's name and address is attached to each crab trap; the quantity of crabs taken or possessed by such person does not exceed one bushel per person or two bushels per boat when the boat is occupied by more than one person; and the crabs are not sold. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. LOCAL GOVERNMENTSERVICE DELIVERY STRATEGY; LAND USE CLASSIFICATION DISPUTE RESOLUTION; STATE SERVICE DELIVERY REGIONS; REGIONAL DEVELOPMENT CENTER BOUNDARY CHANGES. Code Sections 36-70-24, 36-70-27, 50-4-7, and 50-8-4 Amended. No. 385 (House Bill No. 699). AN ACT To amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy; to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the boundaries of certain such regions; to amend Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, so as to change provisions relating to ratification of changes in the boundaries of regional development centers; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal service delivery strategies, is amended by striking subparagraph (C) of paragraph (4) of Code Section 36-70-24, relating to service delivery strategy criteria, and inserting in its place a new subparagraph (C) to read as follows: (C) A process shall be established by each county and every municipality located within each county, regardless of population, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county. SECTION 2 . Said article is further amended by striking Code Section 36-70-27, relating to limitation of funding for projects which are not included in or which are inconsistent with a service delivery strategy, and inserting in its place a new Code Section 36-70-27 to read as follows: 36-70-27. (a) On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy. (b) (1) If a municipality containing fewer than 500 persons within the county fails to establish a process to resolve disputes as required by subparagraph (C) of paragraph (4) of Code Section 36-70-24, the sanctions specified in subsection (a) of this Code section shall not be imposed upon: (A) The county within which any such municipality or portion of any such municipality is located; or (B) Any other municipality located in such county. (2) The provisions of this subsection shall apply only if a process to resolve disputes required by subparagraph (C) of paragraph (4) of Code Section 36-70-24 has been established between the county and each municipality containing 500 or more persons within the county. (c) Any local government or authority which is subject to the sanctions specified in subsection (a) of this Code section shall become eligible for state administered financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section 36-70-26 have been met. SECTION 3 . Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, is amended by striking paragraphs (7), (9),

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and (12) of subsection (a) and inserting in their respective places new paragraphs to read as follows: (7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties; (9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties; (12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, and McIntosh counties. SECTION 4 . Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, is amended by adding at the end a new subsection (g) to read as follows: (g) In addition to ratification by resolution, the General Assembly may ratify regional development center boundary changes by Act; and the particular changes adopted by the Board of Community Affairs on January 13, 1999, and February 10, 1999, and affecting Johnson and Emanuel counties are ratified to become effective July 1, 1999. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MOTOR VEHICLES AND TRAFFICLICENSE PLATES; BOBWHITE QUAIL SPECIAL PLATES; AUTHENTIC HISTORICAL GEORGIA LICENSE PLATES; FIREFIGHTERS' SPECIAL PLATES. Code Section 40-2-78 Amended. Code Sections 40-2-49.1 and 40-2-41.1 Enacted. No. 386 (House Bill No. 855). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as

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to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state; to provide for the design of such license plates; to provide that the net proceeds from the sale of such license plates shall be deposited into the state treasury; to provide a statement of intent that an amount equal to such funds be appropriated to the Department of Natural Resources for the operation of programs designed to enhance the bobwhite quail population in this state; to provide for the payment of public funds to landowners to improve quail habitat; to provide for a report of receipts and expenditures; to provide for the replacement of existing license plates with such special license plates; to provide for display of license plates issued in 1942 or earlier on motor vehicles manufactured in such years; to require the state revenue commissioner to have certain information relating to antique motor vehicles included in the Department of Revenue's computer information system applicable to the registration of motor vehicles; to change certain provisions relating to special license plates for firefighters; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, is amended by inserting at the end thereof the following: 40-2-49.1. (a) In order to promote and financially provide for the restoration and enhancement of the bobwhite quail population by the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2002, special license plates promoting such effort, which shall be known as the `Bobwhite Quail Restoration Initiative.' (b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation, restoration, and enhancement of the bobwhite quail population and the habitats upon which they depend. The bobwhite quail restoration initiative plate must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total characters do not exceed the sum of six. No two recipients shall receive identically numbered plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the provisions of subsection (b) this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of the bobwhite quail restoration initiative license plate, as well as the design of subsequent

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editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2002, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a bobwhite quail restoration initiative license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for bobwhite quail restoration initiative license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of bobwhite quail restoration initiative license plates, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of bobwhite quail restoration initiative license plates to the Office of Planning and Budget and the Department of Natural Resources. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Natural Resources. The Department of Natural Resources shall utilize the funds so appropriated to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the bobwhite quail restoration initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. The Department of Natural Resources shall monitor the response of the bobwhite quail population to those habitat conservation activities to determine their effectiveness.

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(f) An applicant may request a bobwhite quail restoration initiative license plate any time during the applicant's registration period. If a bobwhite quail restoration initiative license plate is to replace a current valid license plate, the department shall issue the bobwhite quail restoration initiative license plate with appropriate decals attached. When an applicant requests a bobwhite quail restoration initiative license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (g) Bobwhite quail restoration initiative license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Bobwhite quail restoration initiative license plates shall be issued within 30 days of application. (i) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game, Fish and Parks detailing the receipt and expenditure of all appropriated funds and all funds received from the sale of bobwhite quail restoration initiative license plates as provided by this Code section to promote quail restoration. Such report shall be made not later than the second Monday of January of each year. SECTION 2 . Said chapter is further amended by adding a new Code Section 40-2-41.1 to read as follows: 40-2-41.1. (a) As used in this Code section, the term `authentic historical Georgia license plate' means a license plate originally issued in the year 1942 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1942 or earlier pursuant to former motor vehicle registration laws of this state. (b) The owner of any antique motor vehicle manufactured in 1942 or earlier and equipped with an engine manufactured in 1942 or earlier or manufactured to the specifications of the original engine shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside of the vehicle.

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(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle. (d) No later than January 1, 2001, the commissioner shall have installed within the Department of Revenue's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be display on such antique motor vehicle. SECTION 3 . Said chapter is further amended by striking subsections (b) and (e) of Code Section 40-2-78, relating to special license plates for firefighters, and inserting in lieu thereof the following: (b) (1) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (3) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25, were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25, and who retired

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from employment as such shall continue to be eligible for the firefighter license plates issued under this Code section the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRSGEORGIA WAR VETERANS' NURSING HOME; GEORGIA STATE WAR VETERANS' HOME; ELIGIBILITY FOR ADMISSION; RESIDENCY. Code Section 38-4-55 Amended. No. 387 (House Bill No. 894). AN ACT To amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans Home, so as to provide that a war veteran shall not be eligible for admission to the Georgia War Veterans' Nursing Home or the Georgia State War Veterans' Home unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission; 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 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans Home, is amended by striking in its entirety Code Section 38-4-55, relating to admissions to and discharges from any facility of the Georgia State War Veterans' Home, and inserting in lieu thereof a new Code Section 38-4-55 to read as follows: 38-4-55. Admissions to and discharges from any facility of the Georgia State War Veterans' Home shall be under the control of the governing authority of the facility concerned under the laws and department rules and regulations in force at the time application for admission or for discharge is

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presented; provided, however, that a war veteran shall not be eligible for admission to the Georgia War Veterans' Nursing Home or the Georgia State War Veterans' Home unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission; provided, further, that the Veterans Service Board may admit and discharge veterans to the Georgia State War Veterans' Home who qualify for care and treatment under Title 38, U.S.C., Section 101 (19) and Section 641 and may adopt appropriate rules consistent with accepted medical considerations to carry out this function. The governing authority of such facility shall exercise appropriate police power and power of restraint over veterans at the Georgia State War Veterans' Home consistent with policies applied to other patients under their care or responsibility. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PUBLIC OFFICERS AND EMPLOYEESGOVERNOR; EXECUTIVE COUNSEL. Code Section 45-12-55 Amended. No. 389 (Senate Bill No. 3). AN ACT To amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attorneys as executive counsel by the Governor; to change the number of counsel who may be so appointed; 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 12 of Title 45, relating to appointments by the Governor, is amended by striking Code Section 45-12-55, relating to appointment of attorneys as executive counsel by the Governor, and inserting in its place a new Code section to read as follows: 45-12-55. The Governor shall be authorized to appoint attorneys to serve as his or her executive counsel for such periods of time as he or she deems advisable. The salaries, expenses, and all other remunerations of the attorneys appointed by the Governor as his or her executive counsel

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shall be determined by the Governor and paid from funds appropriated to or otherwise made available to the office of the Governor. 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 28, 1999. GENERAL ASSEMBLYCLAIMS ADVISORY BOARD; SMALL CLAIMS; CLAIMS OF INMATES IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS EXCLUDED. Code Sections 28-5-85 and 28-5-104 Amended. No. 390 (Senate Bill No. 9). AN ACT To amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected; to provide that with respect to certain payments to persons who have sustained injuries or property damage while preventing crime or aiding officers of the law, the Claims Advisory Board shall not recommend that compensation be awarded to any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, is amended by striking in its entirety subsection (a) of Code Section 28-5-85, relating to payment of small claims by the Claims Advisory Board and the state department or agency affected, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Effective November 1, 1982, when the total amount of a claim against the state is $500.00 or less, and the claim is not of a type excluded from a recommendation for compensation by subsection (a) of Codc Section 28-5-104, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant

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such amount, not exceeding $500.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section. SECTION 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 28-5-104, relating to when award of compensation is not to be recommended generally with respect to persons who have sustained injuries or property damage while preventing crime or aiding officers of the law, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In no event shall the board recommend that compensation be awarded to: (1) Any victim of a criminal act not provided for in Code Section 28-5-100; (2) Anyone who: (A) Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half sister, or parent of the spouse of the offender; (B) Was, at the time of the personal injury or death of the victim, living with the offender as a member of his or her family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person; (C) Violated a penal law of this state which violation caused or contributed to his or her injuries or death; or (D) Was injured as a result of the operation of a motor vehicle, boat, or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down; (3) Any officer of the law injured in the performance of his or her official duties; or (4) Any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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AGRICULTURECOTTON; WAREHOUSING, GINNING, TRANSFERS, AND SALES; REQUIREMENTS; DEALERS IN AGRICULTURAL PRODUCTS, GRAIN DEALERS, LIVESTOCK MARKET OPERATORS, LIVESTOCK BROKERS AND DEALERS, AND WAREHOUSEMEN; BONDS; SURETIES. Code Sections 2-9-1, 2-9-5, 2-9-34, 4-6-3, 4-6-49, and 10-4-12 Amended. Code Section 2-9-9.1 Enacted. No. 391 (Senate Bill No. 10). AN ACT To amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, and Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia State Warehouse Act, so as to redefine the term agricultural products as used in Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally; to include baled cotton prior to warehousing; to provide for requirements and restrictions related to cotton, the ginning of cotton, and transfers and sales of cotton; to change the provisions relating to the bonds of dealers in agricultural products, grain dealers, livestock market operators, livestock dealers, livestock brokers, and warehousemen; to require notices by the Commissioner of Insurance; to provide for the approval of sureties; to provide for forms; to provide for additional bonds in certain circumstances; to provide for and to change certain provisions relating to reports of sales and purchases; to provide for the revocation of licenses; 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 paragraph (1) of Code Section 2-9-1, relating to definitions relative to dealers in agricultural products generally and inserting in lieu thereof the following: (1) `Agricultural products' includes fruits, vegetables, eggs, pecans, and baled cotton prior to warehousing but does not include dairy products, unbaled or warehoused cotton, tobacco, grains, and other basic farm crops. SECTION 2 . Said chapter is further amended by striking Code Section 2-9-5, relating to bonds required for dealers in agricultural products, and inserting in its place the following:

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2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of `good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant or in the case of cotton gins not to exceed $150,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing. SECTION 3 . Said chapter is further amended by adding a new Code Section 2-9-9.1 to read as follows: 2-9-9.1. Upon ginning cotton into bales, the ginner shall assign each bale a permanent bale identification number. No bale shall be removed from a gin except when accompanied by a cotton bale voucher issued by the gin, containing the permanent bale identification number and issued in the name of the cotton producer. Except for removal to a bonded warehouse in the name of the cotton producer, transfers or sales from the cotton producer after ginning shall be endorsed by his or her signature on the cotton bale voucher or forms authorized by the Commissioner of Agriculture. SECTION 4 . Said chapter is further amended by striking subsection (a) of Code Section 2-9-34, relating to bonds required for grain dealers, and inserting in its place the following:

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(a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of `good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing. SECTION 5 . Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, is amended by striking Code Section 4-6-3, relating to licenses, fees, terms, and bonds of livestock market operators, livestock dealers, and livestock brokers, and inserting in its place the following: 4-6-3. No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No livestock dealer or broker who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be no fee for such license. No such license shall be issued to any person unless the applicant therefor furnishes to the Commissioner the required bond. The bonds shall be executed by a surety corporation authorized to transact business in this state and

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approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of `good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful performance of such person's obligations as a livestock market operator, livestock dealer, or livestock broker under this article and the rules and regulations prescribed under this article. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer, broker, or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing. SECTION 6 . Said chapter is further amended by striking Code Section 4-6-49, relating to annual reports of sales and purchases of livestock sales establishments and dealers and proof of compliance with bonding requirements, and inserting in its place the following: 4-6-49. It shall be the duty of each sales establishment to report to the Commissioner not later than the last day of the third month following the close of the establishment's fiscal year the total sales of such establishment for the preceding fiscal year. It shall be the duty of each dealer to report to the Commissioner not later than the last day of the third month following the close of the dealer's fiscal year the total purchases of such dealer for the preceding fiscal year. The Commissioner may prescribe the form of such reports. At the time the report is made, each sales establishment and dealer shall submit proof to the Commissioner of compliance with the bonding requirements of this chapter. The failure to submit the information required in this Code section shall be sufficient grounds to revoke the license of any such sales establishment or dealer. SECTION 7 . Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia State Warehouse Act, is amended by striking Code Section 10-4-12, relating to required bonds of warehousemen and additional bonds, and inserting in its place the following: 10-4-12. (a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically

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thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond applications shall be accompanied by a certificate of `good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00. (b) If a warehouseman is also a grain dealer, the amount of the required bond shall be the greater of the bond required by subsection (a) of this Code section or the bond required under Code Section 2-9-34 for grain dealers who are not licensed under this article. (c) Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by a written demand therefor, or if the bond of the warehouseman is canceled, the license of such warehouseman shall be immediately revoked by operation of law without notice or hearing. Code Sections 10-4-6 and 10-4-7 shall apply to this as well as all other Code sections of this article. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESUNIFORM TRANSFER ON DEATH SECURITY REGISTRATION. Code Title 53, Chapter 5, Article 7 Enacted. No. 392 (Senate Bill No. 12). AN ACT To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, so as to enact the Uniform Transfer on Death Security Registration Act; to provide for a short title; to provide for definitions; to provide for registration in beneficiary form with respect to certain types of ownership; to provide for applicable state law; to provide for origination of registration; to provide for form and effect of registration; to provide for ownership on death of owner; to provide for protection of registering entities; to provide for nontestamentary transfer on death; to provide for terms, conditions, and forms for registration; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, is amended by inserting at the end thereof a new article to read as follows: ARTICLE 7 53-5-60. This article shall be known and may be cited as the Uniform Transfer on Death Security Registration Act.' 53-5-61. As used in this article, the term: (1) `Beneficiary form' means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) `Register,' including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (3) `Registering entity' means a person who originates or transfers a security title by registration and includes a broker maintaining security

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accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (4) `Security' means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account. (5) `Security account' means: (A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (B) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. 53-5-62. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common. 53-5-63. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or a similar statute is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. 53-5-64. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. 53-5-65. Registration in beneficiary form may be shown by the words `transfer on death' or the abbreviation `TOD,' or by the words `pay on death' or the

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abbreviation `POD,' after the name of the registered owner and before the name of a beneficiary. 53-5-66. The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners without the consent of the beneficiary. 53-5-67. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. 53-5-68. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article. (b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this article. (c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Code Section 53-5-67 and does so in good faith reliance on the registration, on this article, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article.

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(d) The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. 53-5-69. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary. (b) This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. 53-5-70. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters `LDPS,' standing for lineal descendants per stirpes. This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions. (b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.; (2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.; (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.,

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SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS. 53-5-71. This article applies to registrations of securities in beneficiary form made before or after July 1, 1999, by decedents dying on or after July 1, 1999. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. STATE GOVERNMENTPUBLIC RECORDS; DRIVERS' LICENSES AND INFORMATION; LAW ENFORCEMENT RECORDS; GEORGIA UNIFORM MOTOR VEHICLE ACCIDENT REPORTS; INSPECTION; COPYING; RESTRICTIONS. Code Sections 40-5-2 and 50-18-72 Amended. Code Section 35-1-9 Repealed. Code Section 50-18-77 Enacted. No. 393 (Senate Bill No. 20). AN ACT To provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of inspection or copying of law enforcement records for commercial solicitation; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, and Article 4 of Chapter 18 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change provisions relating to inspection and copying of Georgia Uniform Motor Vehicle Accident Reports; to provide for circumstances when such reports may be inspected or copied; to provide that the prohibitions, procedures, and fees of the article do not apply when public records are requested in writing by a grand jury, taxing authority, law enforcement agency, or prosecuting attorney in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The General Assembly finds that many Georgia citizens continue to use their social security numbers as their driver's license numbers, and that the

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driver's license numbers of drivers involved in a motor vehicle accident, as well as the drivers' home addresses, telephone numbers, descriptions of motor vehicles owned or operated by the drivers, their insurance carriers, and insurance policy numbers, are routinely recorded on Georgia Uniform Motor Vehicle Accident Reports. The General Assembly further finds that this information can be used and has been used to invade the privacy of persons involved in motor vehicle accidents, to commit the crime of financial identity fraud against such persons and to defraud individuals, insurance carriers, other business entities, and agencies and political subdivisions of the state government. The General Assembly further finds that, although there are many sources for identifying information regarding individuals, access to Georgia Uniform Motor Vehicle Accident Reports is a particularly easy and convenient method of gathering information for fraudulent purposes and for invading the privacy of individuals, and that restricting such access will be useful in combating privacy invasion and financial identity fraud. SECTION 2 . Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, is amended by striking in its entirety Code Section 35-1-9, relating to inspection or copying of law enforcement records for commercial solicitation, and inserting in lieu thereof the following: 35-1-9. Reserved. SECTION 3 . Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: (b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (4.1) of subsection (a) of Code Section 50-18-72. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721.

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SECTION 4 . Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to when public disclosure is not required for public records, by striking in its entirety paragraph (4) of subsection (a) and inserting in its place the following: (4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated; SECTION 5 . Said Code section relating to when public disclosure is not required for public records is further amended by inserting a new paragraph to be designated paragraph (4.1) to read as follows: (4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided further that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term `need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report: (A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident;

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(F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; or (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number and driver's license number redacted. SECTION 6 . Said Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is further amended by inserting a new Code Section 50-18-77 to read as follows: 50-18-77. The procedures and fees provided for in this article shall not apply to public records, including records that are exempt from disclosure pursuant to Code Section 50-18-72, which are requested in writing by a state or federal grand jury, taxing authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing administrative, criminal, or tax investigation. The lawful custodian shall provide copies of such records to the requesting agency unless such records are privileged or disclosure to such agencies is specifically restricted by law. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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PUBLIC OFFICERS AND EMPLOYEESSTATE EMPLOYEES' HEALTH INSURANCE PLAN; INCLUSION OF LOCAL BOARD OF EDUCATION MEMBERS, COUNTY OFFICIALS, AND COUNTY EMPLOYEES WITHIN SUCH PLAN. Code Sections 20-2-55 and 45-18-5 Amended. No. 394 (Senate Bill No. 28). AN ACT To amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem, expenses, and health insurance coverage of local board of education members, so as to provide for health insurance coverage of such members by inclusion in the state employees' health insurance plan; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for health insurance coverage of local board of education members by inclusion in such plan; to change certain provisions relating to inclusion of county officers and employees within health insurance plans; 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 20-2-55 of the Official Code of Georgia Annotated, relating to per diem, expenses, and health insurance coverage of local board of education members, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following: (b)(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or by contract with the Georgia School Boards Association, Inc., under Code Section 45-18-5 for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member.

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SECTION 2 . Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking Code Section 45-18-5, relating to inclusion of county officers and employees within the plan, and inserting in lieu thereof the following: 45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has

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contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. (c.1) (1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under this article. The board is authorized to contract with the Georgia School Boards Association, Inc., on behalf of the various local boards of education of this state for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the Georgia School Boards Association, Inc., to collect from the various local boards of education of this state with which it has contracted under this subsection such payment as may be required

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under any health insurance plan for inclusion in the health insurance fund and to remit the same to the board. In addition, it shall be the duty of the Georgia School Boards Association, Inc., to maintain and remit to the board accurate records of member, spouse, dependent, and other information required by the board to administer this Code section. (2) The various local boards of education of this state are authorized to contract with the Georgia School Boards Association, Inc., for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the various local boards of education of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any local boards of education so contracting to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the Georgia School Boards Association, Inc., for payment to the board. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond to assure the contractual performance of any entities with which it contracts under this code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits. SECTION 3 . Nothing herein shall be construed to allow county officials or local school board officials to be included in the state employee's health insurance plan except that the appropriate agencies of state government may provide administrative services, only, for county officials and local school officials participating in various plans. 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 28, 1999.

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LABOR AND INDUSTRIAL RELATIONSWORKERS' COMPENSATION; CROSS APPEALS; SELF-INSURED EMPLOYER STATUS; GUARDIANS; OVERPAYMENTS; BENEFITS. Code Title 34, Chapter 9 Amended. No. 395 (Senate Bill No. 39). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition; to authorize the board to appoint guardians of minor or legally incompetent persons in limited circumstances; to empower the board to order a reimbursement of the overpayment of income benefits to a claimant; to increase the maximum amounts of temporary total disability benefits and temporary partial disability benefits paid to a claimant; to increase the amount paid for burial expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to appeals of decisions by the State Board of Workers' Compensation, and inserting in lieu thereof the following: (a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have original appellate jurisdiction in all workers' compensation cases. An application for review shall be made to the appellate division within 20 days of notice of the award. The appellee may institute cross appeal by filing notice thereof within 30 days of the notice of the award. If a timely application for review, cross appeal, or both, is made to the appellate division, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties at dispute. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking

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additional evidence for consideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponderance of competent and credible evidence contained within the records. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 34-9-127, relating to the issuance by the board of certificates of self-insurance, and inserting in lieu thereof the following: 34-9-127. (a) Whenever an employer has complied with those provisions of Code Section 34-9-121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board. (b) The board shall have the authority to review the self-insured status of an employer after a merger or acquisition involving the employer. (c) The board may, upon at least 60 days' notice to the employer and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the board may grant a new certificate to the employer upon his petition. SECTION 3 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-9-200.1, relating to rehabilitation benefits and suppliers, and inserting in lieu thereof the following: (f) Any rehabilitation supplier shall hold one of the following certifications or licenses: (1) Certified Rehabilitation Counselor (CRC); (2) Certified Disability Management Specialist (CDMS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-18 against a rehabilitation

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supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. SECTION 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the procedure for the payment of compensation, and inserting in lieu thereof the following: (a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or of Code Section 34-9-127. SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 34-9-226, relating to the appointment of a guardian for a minor or incompetent claimant, and inserting in lieu thereof the following: 34-9-226. (a) Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be a guardian duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change in status. (b) The board shall have authority in and shall establish procedures for appointing temporary guardians for purposes of administering workers' compensation rights and benefits without such guardian becoming the legally qualified guardian of any other property, without such guardian's

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actions being approved by a court of record, and without the posting of a bond, in only the following circumstances: (1) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board; (2) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $25,000.00; and (3) If a minor or legally incompetent person does not have a duly appointed representative or guardian, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under the Worker's Compensation Act in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in subsections (a) and (b) of this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section. SECTION 6 . Said chapter is further amended by inserting at the end of Part 3 of Article 6, relating to payment of compensation, a new Code Section 34-9-245 to read as follows: 34-9-245. Should the board find that a claimant has received an overpayment of income benefits from the employer, for any reason, the board shall have the authority to order repayment on terms acceptable to the parties or within the discretion of the board. No claim for reimbursement shall be allowed where the application for reimbursement is filed more than two years from the date such overpayment was made. SECTION 7 . Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:

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34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $350.00 per week nor less than $35.00 per week, except that when the weekly wage is below $35.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104. SECTION 8 . Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following: 34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $233.33 per week for a period not exceeding 350 weeks from the date of injury. SECTION 9 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, and inserting in lieu thereof the following: (b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows: (1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's burial not to exceed $7,500.00. If the employee leaves no dependents, this shall be the only compensation; (2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his or her earnings for support at the time of the injury, a weekly compensation

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equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity; (3) If the employee leaves dependents only partially dependent on his or her earnings for their support at the time of the injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to the deceased employee's average weekly wages at the time of the injury; (4) When weekly payments have been made to an injured employee before his or her death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSLIMITED LIABILITY COMPANIES; DISSOCIATION; DISSOLUTION. Code Sections 14-11-405, 14-11-601, 14-11-602, and 14-11-604 Amended. Code Section 14-11-601.1 Enacted. No. 396 (Senate Bill No. 41). AN ACT To amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Limited Liability Company Act, so as to provide that effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest; to change certain provisions relating to events of dissociation; to provide for the events of dissociation for limited liability companies formed on or after July 1, 1999; to change the provisions relating to dissolution of limited liability companies; to provide for the dissolution of limited liability companies formed on or after July 1, 1999; to provide for the winding up of a dissolved limited liability company's affairs when there are no

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remaining members or managers of the limited liability company; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Limited Liability Company Act, is amended by striking in its entirety Code Section 14-11-405, relating to distributions upon event of dissociation, and inserting in lieu thereof a new Code Section 14-11-405 to read as follows: 14-11-405. (a) Effective for limited liability companies formed prior to July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member with respect to which an event of dissociation occurs (other than one of the events specified in paragraphs (1), (2), and (4) of subsection (a) of Code Section 14-11-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the member's interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company. (b) Effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-11-601, relating to events of dissociation, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Effective for limited liability companies formed prior to July 1, 1999, a person ceases to be a member of a limited liability company upon the occurrence of any of the following events: (1) The member withdraws by voluntary act from the limited liability company as provided in subsection (c) of this Code section; (2) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (3) The member is removed as a member:

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(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (4) The member's entire interest in the limited liability company is purchased or redeemed by the limited liability company; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (7) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual: (A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. SECTION 3 . Said chapter is further amended by adding between Code Section 14-11-601 and 14-11-602 a new Code Section 14-11-601.1 to read as follows:

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14-11-601.1 (a) Effective for limited liability companies formed on or after July 1, 1999, a person ceases to be a member of a limited liability company upon the occurrence of any of the following events: (1) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (2) The member is removed as a member: (A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (3) The member's entire interest in the limited liability company is purchased or redeemed by the limited liability company; (4) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual:

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(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (b) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 14-11-602, relating to dissolution, and inserting in lieu thereof a new Code Section 14-11-602 to read as follows: 14-11-602. (a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (a) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 14-11-603. (b) Effective for limited liability companies formed on or after July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) At a time approved by all the members;

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(4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after an event of dissociation with respect to the last remaining member, unless otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 14-11-603. SECTION 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-11-604, relating to winding up a dissolved limited liability company's affairs, and inserting in lieu thereof a new subsection (a) to read as follows: 14-11-604. (a) Except as otherwise provided in the articles of organization or a written operating agreement, upon dissolution, the members or managers in whom management of the limited liability company was vested prior to dissolution may wind up a dissolved limited liability company's affairs, or, if there are no such members or managers at the time of or at any time after such dissolution, such persons as may be designated by the persons then entitled to receive a majority of all subsequent distributions, if any, from the limited liability company may wind up the limited liability company's affairs. For cause shown, the court may wind up a dissolved limited liability company's affairs on application of any member as to which an event of dissociation has not occurred, any such member's legal representative, or any such member's assignee, or if there is no such member, legal representative, or assignee, on application of any assignee of an interest in the limited liability company. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSLIMITED PARTNERSHIPS; ELECTIONS; CERTIFICATES. Code Section 14-9-206.2 Amended. No. 397 (Senate Bill No. 42). AN ACT To amend Code Section 14-9-206.2 of the Official Code of Georgia Annotated, relating to election to become limited partnership, so as to provide that upon the election becoming effective the certificate of limited partnership filed with the certificate of election shall be the certificate of

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limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with other provisions of law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 14-9-206.2 of the Official Code of Georgia Annotated, relating to election to become limited partnership, is amended by striking in its entirety paragraph (3) of subsection (c) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Certificate of limited partnership filed with the certificate of election shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with this chapter; SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLES OR TRAILERS TRANSPORTING FOREST PRODUCTS; STROBE LIGHTS AND FLAGS. Code Sections 32-6-24 and 40-8-27 Amended. No. 398 (Senate Bill No. 47). AN ACT To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load; to provide that any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts that extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection one or more

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amber strobe type lamps equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load; to provide specifications for the strobe lamp and when and where the lamp is to be in operation; to provide that an emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing an amber strobe light to comply with the provisions of this Act; to provide that certain projecting loads shall also be marked with a flag; to provide specifications for such flags and when and where they shall be displayed; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to regulation of length of vehicles and loads, is amended by striking in its entirety subparagraph (b)(2)(B) and inserting in lieu thereof a new subparagraph (b)(2)(B) to read as follows: (B) Loads of unprocessed forest products, including but not limited to poles, logs, pilings, and lumber, whether they are single pieces or pieces loaded end to end or overlapping, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The rear extremity of each load shall be marked with an amber strobe warning light and warning flags which meet the requirements set forth in Code Section 40-8-27. SECTION 2 . Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, is amended by striking in its entirety Code Section 40-8-27, relating to the requirement of light or flag on projecting load, and inserting in lieu thereof a new Code Section 40-8-27 to read as follows: 40-8-27. (a) Except as provided in subsection (b) of this Code section, whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a flag as described in subsection (c) of this Code section not less than 12 inches

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square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (b) Any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection one amber strobe type lamp equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load. If the mounting of one strobe lamp cannot be accomplished so that it is visible from the rear and both sides of the projecting load, multiple strobe lights shall be utilized so as to meet the visibility requirements of this subsection. The strobe lamp shall flash at a rate of at least 60 flashes per minute and shall be plainly visible from a distance of at least 500 feet to the rear and sides of the projecting load any time of the day or night. The lamp shall be operating at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load shall also be marked with a flag as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing an amber strobe light to comply with the provisions of this Code section. (c) The flag as required by subsection (a) or (b) of this Code section shall be of a bright red or orange color not less than 12 inches square which is clearly visible and shall be displayed in such a manner that the entire area of the flag is visible from the rear of the vehicle. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSMUNICIPALITIES OF 300,000 POPULATION OR MORE; CITY COURTS HAVING JURISDICTION OVER TRAFFIC LAWS; VENUE. No. 399 (Senate Bill No. 56). 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 so as to give to such courts jurisdiction to try offenses against traffic laws, approved April 4, 1996 (Ga. L. 1996, p. 627), so as to grant each such court venue coextensive with the territorial limits of the city in which it is located

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relating to certain traffic offenses; 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 re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more so as to give to such courts jurisdiction to try offenses against traffic laws, approved April 4, 1996 (Ga. L. 1996, p. 627), is amended by striking in its entirety Section 3 and inserting in lieu thereof the following: SECTION 3. Jurisdiction. Each such court shall have jurisdiction and venue coextensive with the territorial limits of the city in which it is located over: (1) All crimes and offenses under the laws of the state relating to and regulating traffic, and all other crimes and offenses arising out of the same occurrences as such traffic offense, not above the grade of misdemeanor and not exclusively cognizable in the superior courts. (2) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic, and all other offenses against laws and ordinances of such city arising out of the same occurrence as such traffic offense. Punishment for such offense shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city. 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 28, 1999. LOCAL GOVERNMENTMUNICIPAL COURTS; JURISDICTION; SHOPLIFTING CASES. Code Section 36-32-9 Amended. No. 400 (Senate Bill No. 63). AN ACT To amend Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts over cases of shoplifting of

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$100.00 or less, so as to change the jurisdictional amount; 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 cases of shoplifting of $100.00 or less, is amended by striking subsections (a) through (c) and inserting in lieu thereof the following: (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 $300.00 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 $300.00 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. (c) A person convicted in a municipal court of a first, second, or third offense of theft by shoplifting property valued at $300.00 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. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. HEALTHEYE BANKS; DEFINITIONS; ENTITIES WHICH MAY ESTABLISH AND OPERATE. Code Sections 31-23-1 and 31-23-3 Amended. No. 401 (Senate Bill No. 64). AN ACT To amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions relating to

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definitions and entities which may establish and maintain eye banks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by striking paragraph (1) of Code Section 31-23-1, relating to definitions, and inserting in its place the following: (1) `Eye bank' means a nonprofit facility which is maintained and operated for the extraction, removal, care, storage, preservation, and use of human eyes or parts thereof for purposes of sight preservation or restoration, medical education, instruction pertaining to sight preservation or restoration, or research, which facility is operated by, under, or in affiliation with a hospital for the care of human beings or a medical school in conjunction with the department or school of ophthalmology of such medical school. SECTION 2 . Said chapter is further amended by striking Code Section 31-23-3, relating to entities which may establish and maintain eye banks, and inserting in its place the following: 31-23-3. Any nonprofit facility, hospital, or any medical school in conjunction with the department or school of ophthalmology of such medical school, alone or in further conjunction with other charitable organizations, may establish and maintain an eye bank in, under, or in affiliation with such hospital or medical school upon approval for the establishment of the eye bank by the Department of Human Resources, if the eye bank meets the medical standards approved by the Eye Bank Association of America. Upon the establishment of any eye bank as authorized in this Code section, the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for any of the purposes for which eye banks may be established may begin in such facility or as authorized by such facility. The eye bank shall have the right to receive gifts, donations, and bequests for the purposes stated in this Code section. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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INSURANCENOTICE OF CANCELLATION; EXCEPTIONS; MOTOR VEHICLE INSURERS' DESIGNATION OF REPAIR FACILITIES. Code Sections 33-24-44 and 33-34-6 Amended. No. 402 (Senate Bill No. 77). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that notice of cancellation of policies shall not be required in certain cases; to provide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting in Code Section 33-24-44, relating to cancellation of policies generally, a new subsection (d.1) to read as follows: (d.1) The notice requirements of this Code section shall not apply in any case where a binder or contract of insurance is void ab initio for failure of consideration. SECTION 2 . Said title is further amended by striking subsection (c) of Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, which reads as follows: (c) Nothing contained in this Code section shall affect the rights of any insurer or insured pursuant to the provisions of the policy of insurance. SECTION 3 . Section 2 of this Act shall apply to all policies of insurance issued or renewed on or after July 1, 1999. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSMAGISTRATE COURTS; JURISDICTION; CIVIL CLAIMS. Code Section 15-10-2 Amended. No. 403 (Senate Bill No. 82). AN ACT To amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate

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courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00; 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 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, is amended by striking in its entirety paragraph (5) of Code Section 15-10-2, relating to the monetary jurisdiction of civil claims, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00, provided that no prejudgment attachment may be granted; SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. CONSERVATION AND NATURAL RESOURCESLAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; PURPOSES FOR WHICH EXPENDITURES MAY BE MADE. Code Section 12-2-318 Amended. No. 404 (Senate Bill No. 99). AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to expand the purposes for which the authority may expend income and revenue; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, is amended by striking in its entirety Code Section 12-3-318, relating to the purposes for which income, gifts, grants, appropriations, bonds, or loans

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available to such authority may be spent, and inserting in lieu thereof the following: 12-3-318. (a) All income, revenues, gifts, grants, appropriations, bond or loan proceeds, and rights and privileges of value of every nature accruing to the authority shall be used: (1) Primarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting the islands in Lake Lanier; and (2) Secondarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting any other real property which is: (A) Under the management and control of the department or the North Georgia Mountains Authority whether held in fee simple or under or through a contract, license, lease, or other similar agreement with an agency of the federal government; and (B) Adjacent to any lake or reservoir in this state that is under the management and control of the United States Army Corps of Engineers. (b) The authority shall accomplish the purposes provided in subsection (a) of this Code section at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes. (c) Prior to authorizing the expenditure of funds for any of the secondary purposes set forth in subsection (a) of this Code section, the authority shall consult with the Senate Economic Development, Tourism, and Cultural Affairs Committee, the House Committee on Game, Fish, and Parks, and the Governor for the purpose of assistance in establishing the priority of needs among the real properties eligible to receive the benefit of such expenditure. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSJURIES; EXPENSE ALLOWANCES. Code Section 15-12-7 Amended. No. 405 (Senate Bill No. 103). AN ACT To amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to

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provide that expense allowances for jurors shall not exceed $50.00 per diem; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, is amended by striking in its entirety Code Section 15-12-7, relating to compensation of court bailiffs and expense allowances for jurors, and inserting in its place the following: 15-12-7. (a) The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix: (1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $70.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and (2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn trial juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors. (b) Any increase in the compensation of court bailiffs or increases in expense allowances for jurors fixed by a grand jury shall be subject to the approval of the governing authority of the county. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PENAL INSTITUTIONSSTATE SEXUAL OFFENDER REGISTRY; REGISTRATIONS; HEARINGS; BOARD. Code Section 42-1-12 Amended. No. 406 (Senate Bill No. 105). AN ACT To amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change definitions; to

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provide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor; to provide for a hearing affording the offender a chance to present evidence relating to a proposed classification as a sexually violent predator; to add members to the Sexual Offender Registration Board and provide for such board to be attached to the Department of Human Resources for administrative purposes; to provide for registration of certain nonresidents who enter this state for employment and are required to register elsewhere and certain nonresidents who enter this state to attend school and are required to register elsewhere; 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 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking in their entirety paragraphs (4) and (7) of subsection (a) and subsections (b), (c), (d), (e), and (g) and inserting in lieu thereof the following: (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 conviction resulting from an underlying sexual offense against a victim who is a minor. (B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (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, military court, or court of another state

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or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (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. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, or under the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include 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. Such an offender shall register 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

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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. (2) (A) 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. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and 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. (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; at least one representative from a victims' rights advocacy group or agency and at least one representative from a law enforcement agency who is certified as a peace officer under Title 35. The members of such board shall be appointed by the commissioner of human resources for terms of four years. 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.

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(C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall: (i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (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 the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) 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; (v) 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 (vi) 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, and 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. (E) The following persons are also required to register: (i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military

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law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the person's temporary address, permanent address in the person's state of residence, employment address, or school address. Upon the person's registration, the sheriff or the sheriff's designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriff's designee shall obtain the fingerprints and photograph of the person, if the person's fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriff's designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment address, or school address. (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the person's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. 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.

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(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 his or her residence address. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (g) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, until: (A) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (B) For the life of that person if that person: (i) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (ii) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or

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(iii) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. SOCIAL SERVICESTEMPORARY ASSISTANCE FOR NEEDY FAMILIES; ASSISTANCE FOR QUALIFIED ALIENS. Code Section 49-4-188 Amended. No. 407 (Senate Bill No. 110). 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 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, 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, 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, 2001, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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LAW ENFORCEMENT OFFICERS AND AGENCIESCRIMINAL JUSTICE COORDINATING COUNCIL; GEORGIA CRIME VICTIMS COMPENSATION BOARD; COMMITTEES; POWERS. Code Section 35-6A-4 Amended. No. 408 (Senate Bill No. 111). AN ACT To amend Code Section 35-6A-4 of the Official Code of Georgia Annotated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, so as to authorize the Criminal Justice Coordinating Council to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 35-6A-4 of the Official Code of Georgia Annotated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, is amended by striking paragraph (4) in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties, specifically including the power to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board. 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 28, 1999.

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PENAL INSTITUTIONSPRISONER LITIGATION REFORM; HABEAS CORPUS; ACTIONS IN FORMA PAUPERIS. Code Section 42-12-3 Amended. Code Sections 42-12-7.1 and 42-12-7.2 Enacted. No. 409 (Senate Bill No. 115). AN ACT To amend Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the Prison Litigation Reform Act of 1996, so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner; to provide that the clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed; to provide for the contents of such notice; to provide for the freezing of the prisoner's inmate account; to provide for the disposition of moneys in the prisoner's inmate account; to provide for appeals; to provide for records of prisoner actions; to prohibit prisoners who have while incarcerated repeatedly filed malicious or frivolous actions or actions which failed to state a claim for which relief may be granted from filing certain civil actions in forma pauperis; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the Prison Litigation Reform Act of 1996, is amended by striking in its entirety paragraph (1) of Code Section 42-12-3, relating to definitions applicable under this chapter, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Action' means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. SECTION 2 . Said chapter is further amended by adding between Code Sections 42-12-7 and 42-12-8 a new Code Section 42-12-7.1 to read as follows: 42-12-7.1. The following provisions shall apply when an indigent prisoner files a petition for habeas corpus: (1) The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;

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(2) The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed. Notice to the superintendent shall include: (A) The prisoner's name, inmate number, and civil action number; and (B) The amount of the court costs and fees due and payable; and (3) Upon notification by the clerk of court that an indigent prisoner has filed a petition for habeas corpus, the superintendent shall: (A) Immediately freeze the prisoner's inmate account; and (B) Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated. SECTION 3 . Said chapter is further amended by adding a new Code Section 42-12-7.2 to read as follows: 42-12-7.2. In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state that was subsequently dismissed on the grounds that such action was frivolous, or malicious, unless the prisoner is under imminent danger of serious physical injury. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSCOURT REPORTING; EXCEPTION TO DISQUALIFICATION OF CERTAIN COURT REPORTERS; REGISTRATION OF COURT REPORTING FIRMS. Code Sections 9-11-28 and 15-14-37 Amended. No. 410 (Senate Bill No. 259). AN ACT To amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, The

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Georgia Court Reporting Act, so as to provide that depositions may be taken before a court reporter who is a relative of a party or of counsel of a party in specified circumstances; to provide for penalties relating to the illegal conduct of court reporting firms; to require registration of court reporting firms; to authorize rules and regulations; to provide that court reporting firms are governed by laws governing court reporters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, is amended by striking in their entirety subsections (c) and (d), and inserting in lieu thereof the following: (c) Disqualification for interest . No deposition shall be taken before a court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially interested in the action, excepting that a deposition may be taken before a court reporter who is a relative of a party or of an attorney or counsel of a party if all parties represented at the deposition enter their explicit consent to the same upon the record of the deposition. SECTION 2 . Said article is further amended by striking in its entirety Code Section 15-14-37, relating to the prohibition of certain contracts and the duty of court reporters to inquire as to the nature of the contract, and inserting in lieu thereof the following: 15-14-37. (a) Contracts for court reporting services not related to a particular case or reporting incident between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an action, or agent for an attorney at law, party to an action, or party having a financial interest in an action are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis. (b) In order to comply with subsection (a) of this Code section, each certified court reporter shall make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor. (c) This Code section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Georgia.

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(d) A court reporting firm doing business in Georgia shall register with the board by completing an application in the form adopted by the board and paying fees as required by the board. (e) Each court reporting firm doing business in Georgia shall renew its registration annually on or before April 1 following the date of initial registration, by payment of a fee set by the board. (f) Court reporting firms doing business in Georgia are governed by this article. The board shall have authority to promulgate rules and regulations not inconsistent with this article for the conduct of court reporting firms. (g) The board is authorized to assess a reasonable fine, not to exceed $5,000.00, against any court reporting firm which violates any provision of this article or rules and regulations promulgated in accordance with this Code section. SECTION 3 . This Act shall become effective on the first day of July following 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 28, 1999. HEALTHHOSPITALS; ACQUISITIONS AND DISPOSITIONS; DEFINITIONS; LOCATION OF HOSPITAL AUTHORITY PROJECTS; LEASES; FINES. Code Sections 31-7-89.1, 31-7-400, 31-7-409, and 31-7-412 Amended. No. 411 (Senate Bill No. 128). AN ACT To amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to change the provisions relating to definitions; to amend Code Section 31-7-89.1, subjecting the sale or lease of assets of a hospital owned or operated by a hospital authority to the requirements of Article 15 of Chapter 7 of Title 31, so as to provide an exemption and to change the provisions regarding the location of hospital authority projects; to provide an exemption for the renewal of certain leases; to change the provisions relating to fines; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, is amended by striking paragraphs (2) and (5) of Code Section 31-7-400, relating to definitions, and inserting in their respective places the following: (2) `Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions: (A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county; provided, further, that an acquisition does not include a restructuring of a nonprofit health system involving the purchase or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation by another nonprofit entity which is both exampt from federal income taxation and controlled by the same nonprofit parent corporation. (5) `Disposition' means a sale or lease of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions: (A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter;

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provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county; provided, further, that a disposition does not include a restructuring of a nonprofit health system involving the sale or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation to another nonprofit entity which is both exempt from federal income taxation and controlled by the same nonprofit parent corporation. SECTION 2 . Said article is further amended by striking Code Section 31-7-409, relating to prospective operation of the article, and inserting in its place the following Code section: 31-7-409. (a) Any transaction completed before October 31, 1997, or any transaction that is subject to a pending definitive agreement as of October 31, 1997, and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article. (b) Any lease which is exempted from the operation of this article pursuant to subsection (a) of this Code section and which contained, on October 31, 1997, an option to renew that lease upon its expiration shall not be subject to this article upon any renewal on or after the date this subsection becomes effective in 1999. SECTION 3 . Said article is further amended by striking Code Section 31-7-412, relating to fines, and inserting in its place the following: 31-7-412. (a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition. (b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code

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Section 31-7-405, in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71, shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification. SECTION 3.1 . Code Section 31-7-89.1 of the Official Code of Georgia Annotated, relating to the sale or lease of assets of a hospital owned or operated by a hospital authority, is amended by adding at the end new subsections to read as follows: (c) Notwithstanding the provisions of subsection (b) of this Code section, the sale or lease of assets of a hospital owned or operated by a hospital authority to another hospital authority whose area of operation is a county contiguous to the county in which is located the hospital whose sale or lease is proposed shall not be subject to the requirements of Article 15 of this chapter. (d) Notwithstanding any other provision of this article to the contrary, a hospital authority which is located in a county having a population of 50,000 or fewer, according to the United States decennial census of 1990 or any future such census, may locate a project outside that hospital authority's area of operation if such location is in a county which is contiguous to the county of such hospital authority's area of operation. 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 28, 1999. TORTSSTRUCTURED SETTLEMENT PAYMENT RIGHTS; REGULATION OF TRANSFER; DISCLOSURES; RIGHT OF RESCISSION; PENALTIES. Code Title 51, Chapter 12, Article 4 Enacted. No. 412 (Senate Bill No. 130). AN ACT To amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to regulate the transfer

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of structured settlement payment rights; to define terms; to provide that no such transfer shall be effective unless certain disclosures are made; to provide for a right of rescission with respect to such transactions; to provide for enforcement by the administrator of the Fair Business Practices Act of 1975; to provide for enforcement procedures and penalties; to prohibit waiver and to prohibit penalties for failure to finalize transfers; to provide for construction; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, is amended by adding at its end a new Article 4 to read as follows: ARTICLE 4 51-12-70. As used in this article, the term: (1) `Administrator' means the administrator of the `Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her designee. (2) `Annuity issuer' means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. (3) `Applicable law' means: (A) The federal laws of the United States; (B) The laws of this state, including principles of equity applied in the courts of this state; and (C) The laws of any other jurisdiction: (i) Which is the domicile of the payee or any other interested party; (ii) Under whose laws a structured settlement agreement was approved by a court or responsible administrative authority; or (iii) In whose courts a settled claim was pending when the parties entered into a structured settlement agreement. (4) `Discounted present value' means the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining

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the present value of an annuity, as issued by the United States Internal Revenue Service. (5) `Interested parties' means, with respect to any structured settlement agreement, the payee, any beneficiary designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement. (6) `Payee' means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder. (7) `Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26. (8) `Settled claim' means the original tort claim or workers' compensation claim resolved by a structured settlement. (9) `Structured settlement' means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim. (10) `Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments. (11) `Structured settlement obligor' means, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. (12) `Structured settlement payment rights' means rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where: (A) The payee or any other interested party is domiciled in this state; (B) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or (C) The settled claim was pending before the courts of this state when the parties entered into the structured settlement agreement. (13) `Terms of the structured settlement' includes, with respect to any structured settlement, the terms of the structured settlement agreement,

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the annuity contract, any qualified assignment agreement, and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement. (14) `Transfer' means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration, but does not include: (A) any transaction which is expressly provided for in the structured settlement agreement and is executed within 30 days after execution of the structured settlement agreement; or (B) any testamentary disposition by the payee. (15) `Transfer agreement' means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee. 51-12-71. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless: (1) The transfer complies with the requirements of this article and will not contravene other applicable law; (2) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth: (A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph;

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(G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and (H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; (3) Written notice at least two business days prior to the effective execution of the transfer agreement has been provided by the transferee to the annuity issuer and the structured settlement obligor by certified mail, postage prepaid; and (4) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor. 51-12-72. (a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (2) of Code Section 51-12-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement. (c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payee's right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten point bold type, double spaced, and shall read substantially as follows: `NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day following receipt of this notice. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of(the twenty-first day following the

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transaction). It is best to mail it by certified mail, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. Address to which cancellation is to be returned: I (we) hereby cancel this transaction. Date: 51-12-73. (a) The administrator is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such rules of a substantive nature shall be promulgated only when it is determined by the administrator, in the reasonable exercise of his or her discretion and on the basis of his or her expertise and the facts, submissions, evidence, and all information before him or her, that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to payees. (b) The administrator shall prepare a pamphlet containing information designed to help payees evaluate proposed transfers of structured settlements and shall distribute such pamphlets free of charge, except that persons engaged in the business of purchasing structured settlement payment rights may be charged a reasonable fee for such pamphlets. 51-12-74. (a) Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator pursuant to this article, except where the administrator is acting under Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' (b) In addition to any other proceedings authorized by this article, the administrator may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued by the administrator pursuant to this article.

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51-12-75. (a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' All penalties recovered as provided in this Code section shall be paid into the state treasury. (c) The administrator may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court. (d) The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the administrator with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto. 51-12-76. (a) The provisions of this article may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on (1) Any failure of such transfer to satisfy the conditions of this article; or

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(2) Any failure by the payee to execute the transfer agreement or any cancellation by the payee within the time prescribed in Code Section 51-12-72. 51-12-77. Nothing contained in this article shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law. SECTION 2 . Code Sections 51-12-73, 51-12-74, and 51-12-75 shall become effective only when funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. Other provisions of this Act shall become effective July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MENTAL HEALTHCOMMUNITY SERVICE BOARDS; EMPLOYEES MAKING COMPLAINTS CONCERNING FRAUD, WASTE, OR ABUSE; PLANNING LISTS FOR DISABILITY SERVICES. Code Sections 37-2-6 and 37-2-7 Amended. No. 413 (Senate Bill No. 139). AN ACT To amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration of mental health, mental retardation, substance abuse, and other disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services; to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relating to the board's operation; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration

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of mental health, mental retardation, substance abuse, and other disability services, is amended by adding at the end of Code Section 37-2-6, relating to community mental health, mental retardation, and substance abuse boards, a new subsection (j) to read as follows: (j) No officer or employee of such board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. SECTION 2 . Said article is further amended by adding in Code Section 37-2-7, relating to the state plan for disability services, a new subsection (b.1) to read as follows: (b.1) (1) The plan shall include state-wide guidelines for short-term and long-term planning lists for the provision of requested disability services for persons whose disability is mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded, when such services are not available at the time of such request. The guidelines shall provide for the commencement of services, as soon as practicable but no later than 180 days following a request, to such persons who are placed on a short-term planning list. The guidelines shall also include criteria under which a person named on a planning list may obtain priority to receive the requested services when they become available and under which such persons not named on a planning list may receive requested services in emergencies. (2) The plan shall include state-wide guidelines for a registry of persons who have been diagnosed with mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded and wish to make such diagnosis known to the division and regional boards, but who have not yet requested disability services. SECTION 3 . Section 2 of this Act shall become effective only when funds are specifically appropriated for the purposes of Section 2 of this Act in an appropriations

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Act making specific reference to Section 2 of this Act. The remaining provisions of this Act shall become effective July 1, 1999. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PROPERTYDIES, MOLDS, FORMS, AND PATTERNS; CANCELLATION OF DEBT INSTRUMENTS. Code Title 44, Chapter 12, Article 8 Enacted. Code Section 44-14-3 Amended. No. 414 (Senate Bill No. 140). AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to amend the law relating to security for debt; to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide that a lien may not be enforced under certain conditions; to provide for sales of such properties under certain conditions; to provide for related matters; to provide for molders' liens; to provide for a limitation on the amount of such liens; to provide for nonimpairment of certain contracts; to provide for cancellation of an instrument upon recording an affidavit that a written notice was mailed to the grantee or holder of record 60 days previously and such grantee or holder of record has not provided a legally sufficient satisfaction or cancellation; to provide for related procedures and the contents of the notice and affidavit and attachments to the affidavit; to specify when a penalty must be paid; to provide penalties for filing a fraudulent affidavit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding in Chapter 12 a new Article 8 to read as follows: ARTICLE 8 Part 1 44-12-310. As used in this article, the term: (1) `Customer' means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or

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pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer. (2) `Molder' means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. `Molder' includes, but is not limited to, a tool or die maker. (3) `Within three years following the last prior use' shall include any three-year period following the last prior use of a die, mold, form, or pattern regardless of whether or not any portion of such period precedes the effective date of this article. 44-12-311. (a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder. (b) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this Code section. (c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section. (d) (1) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer. (2) This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.

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Part 2 44-12-320. (a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the die, mold, form, or pattern until the charges are paid, or until repossessed by a creditor with a prior perfected security interest. (b) Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. Such notice shall also include a demand for payment. (c) A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer. (d) If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction. (e) In no event shall the amount of the lien established by this Code section exceed the contract price of services performed by the molder. 44-12-321. (a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information: (1) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice; (2) A description of the die, mold, form, or pattern to be sold;

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(3) The time and place of the sale; and (4) An itemized statement for the amount due. (b) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern. (c) A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law. 44-12-322. In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control. SECTION 2 . Said title is further amended in Code Section 44-14-3, relating to cancellation by grantee or holder upon payment, by striking in its entirety subsection (c) and inserting in lieu thereof the following: (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, upon written demand, 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 liquidated damages is made. No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder to pay the liquidated damages provided for in this subsection. SECTION 3 . Said title is further amended in said Code section by inserting immediately following subsection (c) the following: (c.1) In the event that a grantee or holder of record has failed to transmit properly a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record within 60 days after a written notice mailed to such grantee or holder of record by registered or certified mail, return receipt requested, the clerk or clerks are authorized and directed to cancel the instrument upon recording an affidavit by an attorney who has caused

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the secured indebtedness to be paid in full or by an officer of a regulated or chartered financial institution whose deposits are federally insured if that financial institution has paid the secured indebtedness in full. The notice to be mailed to the grantee or holder of record shall identify the indebtedness and include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items: (1) A written verification which was given at the time of payment by the grantee or holder of record of the amount necessary to pay off such loan; and (2) (A) Copies of the front and back of a canceled check to the grantee or holder of record paying off such loan; (B) Confirmation of a wire transfer to the grantee or holder of record paying off such loan; or (C) A bank receipt showing payment to the grantee or holder of record of such loan. Any person who files an affidavit in accordance with this subsection which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. SECTION 4 . Section 1 of this Act shall not impair the obligation of any contract entered into prior to the date this Act becomes effective. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. RETIREMENT AND PENSIONSTEACHERS RETIREMENT SYSTEM OF GEORGIA; REIMBURSEMENT OF BENEFITS WRONGFULLY PAID. Code Section 47-3-127 Amended. No. 415 (Senate Bill No. 143). AN ACT To amend Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of the restoration to service on retirement

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allowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid; 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 the restoration to service on retirement allowances under the Teachers Retirement System of Georgia, is amended by striking in its entirety paragraph (3) of subsection (e) and inserting in lieu thereof the following: (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, and the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PENAL INSTITUTIONSSTATE BOARD OF PARDONS AND PAROLES; SEVERANCE OF TIES TO DEPARTMENT AND BOARD OF CORRECTIONS. Code Section 42-9-2 Amended. No. 416 (Senate Bill No. 145). AN ACT To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Department of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding pardons and paroles, is

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amended by striking in its entirety Code Section 42-9-2, relating to the creation of the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-2 to read as follows: 42-9-2. Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSBOARD OF COURT REPORTING OF THE JUDICIAL COUNCIL; MEMBERSHIP. Code Section 15-14-24 Amended. No. 417 (Senate Bill No. 146). AN ACT To amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, is amended by striking Code Section 15-14-24, relating to establishment of the Board of Court Reporting of the Judicial Council, and inserting in its place a new Code section to read as follows: 15-14-24. (a) There is established a board which shall be known and designated as the `Board of Court Reporting of the Judicial Council.' It shall be composed of nine members, five members to be certified court reporters, two members to be representatives from the State Bar of Georgia, and two members to be from the judiciary, one to be a superior court judge and one to be a state court judge, each of whom shall have not less than five years' experience in their respective professions. The board

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shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board. (b) Any member of the board may be removed by the Judicial Council after a hearing at which the Judicial Council determines that there is cause for removal. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PUBLIC OFFICERS AND EMPLOYEESCORONERS; QUALIFICATIONS; FEES; REPORTS; ANALYSIS; EVIDENCE. Code Sections 45-16-1, 45-16-7, 45-16-27, and 45-16-32 Amended. No. 418 (Senate Bill No. 150). AN ACT To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to election and qualifications for office; to change certain provisions relating to fees; to change procedures relating to medical examiner's and coroner's reports; to provide for filing such reports with the Division of Forensic Services; to provide for maintenance of such reports, analysis of specimens, samples, or other evidence, and to provide for a completed crime lab report for the appropriate prosecuting attorney; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-1, relating to election and qualifications for office, and inserting in lieu thereof the following: (b) (1) No person shall be eligible to offer for election to or to hold the office of coroner unless he or she: (A) Is a citizen of the United States; (B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office; (C) Is a registered voter;

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(D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (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; and (G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner. (2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection. SECTION 2 . Chapter 16, Article I of Title 45 is hereby amended by adding to O.C.G.A. Code Section 45-16-7 a new subsection (c) which shall provide as follows: (c) Notwithstanding any law to the contrary, there shall be appointed only one deputy coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such county unless otherwise approved by the local governing authority of the county. SECTION 3 . Said chapter is further amended by striking subsection (b) of Code Section 45-16-27, relating to examinations, inquests, and fees, and inserting in lieu thereof the following: (b) On and after the effective date of this subsection, coroners shall be entitled to an investigation fee of $125.00 where no jury is impaneled or a fee of $250.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroner's monthly statement by the county where the investigation or inquest is held except in counties where the coroner

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receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner. SECTION 4 . Said chapter is further amended by striking Code Section 45-16-32, relating to reports of examination and investigation and verification of foul play, and inserting in its place the following: 45-16-32. The medical examiner and coroner shall file a report of each medical examiner's inquiry and coroner's investigation with the director of the division. The division shall maintain the reports and function as a central repository for the storage and dissemination of such reports pursuant to Article 4 of Chapter 18 of Title 50. The coroner or county medical examiner shall maintain permanent records of such reports. The coroner or county medical examiner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit any specimens, samples, or other evidence to the division for analysis. In cases where reports indicating foul play are verified by the division, the director of the division shall provide a completed crime lab report to the appropriate prosecuting attorney where the acts or events leading to the death occurred. SECTION 5 . This Act shall become effective on July 1, 1999; except that Sections 1 and 2 of this Act shall become effective on January 1, 2000. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MOTOR VEHICLES AND TRAFFICACCIDENT REPORTS; ORIGINALS TO DEPARTMENT OF PUBLIC SAFETY; COPIES; EVIDENCE. Code Section 40-9-31 Amended. No. 419 (Senate Bill No. 154). AN ACT To amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to the reporting of accidents and giving security for damages, so as to require local law enforcement agencies to send the original document of any accident report to the Department of Public

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Safety; to authorize local law enforcement agencies to transmit information on accident reports to the Department of Public Safety; to authorize local law enforcement agencies to certify copies of accident reports in their records and, when so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof; to provide that in response to a subpoena or upon the request of any judicial official, a local law enforcement agency shall provide a duly authenticated copy of any accident report; to provide that the authenticated copy may consist of a photocopy or computer printout of the requested document certified by the local law enforcement agency's custodian of records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to the reporting of accidents and giving security for damages, is amended by striking in its entirety Code Section 40-9-31, relating to the submission of accident reports to the Department of Public Safety, and inserting in lieu thereof a new Code Section 40-9-31 to read as follows: 40-9-31. (a) Each local law enforcement agency shall submit to the Department of Public Safety the original document of any accident report prepared by such local law enforcement agency or submitted to such agency by a member of the public. A local law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department has first given approval to the reporting agency for the electronic reporting method utilized. The local law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such local law enforcement agency. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONEMERGENCY TELEPHONE NUMBER 911 SERVICE; WIRELESS SERVICE. Code Title 46, Chapter 5, Article 2, Part 4 Amended. No. 420 (Senate Bill No. 170). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the Georgia Emergency Telephone Number `911' Service Act of 1977, so as to change the definition of a certain term; to require wireless service suppliers to provide certain information to the Georgia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced 911 charge may be collected; to provide for the collection and remittance of wireless enhanced 911 charges, under certain circumstances, in counties where the governing authorities of more than one local government have adopted resolutions to impose such a charge; 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 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the Georgia Emergency Telephone Number `911' Service Act of 1977, is amended in Code Section 46-5-122, relating to definitions, by striking in its entirety paragraph (14) and inserting in lieu thereof a new paragraph (14) to read as follows: (14) `Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service. SECTION 2 . Said part is further amended in Code Section 46-5-124, relating to guidelines for implementing a state-wide emergency telephone number 911 system, by adding a new subsection (d) to read as follows: (d) The agency shall maintain the registry of wireless services suppliers provided for in Code Section 46-5-124.1. SECTION 3 . Said part is further amended by adding following Code Section 46-5-124 a new Code section, to be designated as Code Section 46-5-124.1, to read as follows:

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46-5-124.1. (a) Any wireless service supplier that provides wireless service or is authorized to provide wireless service in Georgia shall register the following information with the director: (1) The name, address, and telephone number of the representative of the wireless service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted; (2) The name, address, and telephone number of the representative of the wireless service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection; (3) The counties in Georgia in which the wireless service supplier is authorized to provide wireless service; and (4) Every corporate name under which the wireless service supplier is authorized to provide wireless service in Georgia. (b) A wireless service supplier shall notify the director of any change to the information described in subsection (a) of this Code section within 30 days of such change. SECTION 4 . Said part is further amended by striking in its entirety subsection (a) of Code Section 46-5-133, relating to the authority of a local government to adopt a resolution imposing a monthly 911 charge, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency `911' system is authorized to adopt a resolution to impose a monthly `911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the `911' service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency `911' system which is capable of providing or provides enhanced `911' service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced `911' charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose

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billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency `911' system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the `911' charge or wireless enhanced `911' charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The `911' charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced `911' charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis. SECTION 5 . Said part is further amended in Code Section 46-5-134, relating to the billing of subscribers, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) If the governing authority of a local government operates or contracts for the operation of an emergency `911' system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a `911' call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency `911' system may be billed for the monthly wireless enhanced `911' charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced `911' charge may not exceed the amount of the monthly `911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced `911' charge exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency `911' system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency `911' system may be billed for the monthly wireless enhanced `911' charge, if any, imposed with respect to that

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connection by the wireless service supplier. Such wireless enhanced `911' charge may not exceed the amount of the monthly `911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced `911' charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced `911' charge from those telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency `911' system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced `911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced `911' charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. SECTION 6 . Said part is further amended by adding a new Code section, to be designated as Code Section 46-5-134.1, to read as follows: 46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced `911' charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced `911' charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced `911' charge.

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(c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced `911' charge as provided in Code Section 46-5-134. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONTELECOMMUNICATIONS; AUTHORIZED CHARGES FOR SERVICES OF NONAFFILIATED THIRD PARTIES. Code Section 46-5-171.1 Amended. No. 421 (Senate Bill No. 178). AN ACT To amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, The Telecommunications and Competition Development Act of 1995, so as to change certain provisions relating to written authorization of charges made by telecommunications companies for services provided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company; to provide for a customer's written authorization to be submitted to the third party providing the service; to provide that such requirements shall not apply to customer-initiated use of abbreviated dialing codes or other pay-per-use services; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, The Telecommunications and Competition Development Act of 1995, is amended by striking in its entirety Code Section 46-5-171.1, relating to written authorization of charges for services provided by a third party, and inserting in lieu thereof a new Code Section 46-5-171.1 to read as follows: 46-5-171.1. (a) Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a nonaffiliated third party until such third party has certified to the telecommunications company that the third party has received the customer's written authorization for such charges. When a customer initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or changed services must state the charges for such services in a clear, conspicuous, separate, and distinct manner so as to ensure that the customer is aware of the new or changed charges. (b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services or initial requests to subscribe to such services; wireless services; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; or customer-initiated use of abbreviated dialing codes or other pay-per-use services. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. INSURANCECOUNTERSIGNATURES; LICENSING OF INDIVIDUALS AS AGENTS; LIMITED LICENSES; MOTOR VEHICLE RENTAL COMPANIES; LICENSING AS AGENTS. Code Sections 33-24-13 and 33-24-32 Amended. Code Title 33, Chapter 23 Amended. Code Sections 33-3-11 and 33-40-13 Repealed. No. 422 (Senate Bill No. 181). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to delete certain countersigning requirements and references;

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to provide that countersignatures shall be required only in retaliation against similar requirements imposed by other states; to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses; to provide that certain motor vehicle rental companies may be licensed as insurance agents for purposes of selling insurance in connection with rental of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking and reserving Code Section 33-3-11, relating to requirements of countersignature of licensed resident agent, which reads as follows: 33-3-11. (a) No authorized insurer shall issue a policy covering a subject of insurance resident, located, or to be performed in Georgia unless the policy or countersignature endorsement attached thereto is countersigned by its licensed agent resident in Georgia. A licensed service representative resident in Georgia may countersign a policy or endorsement for and on behalf of the licensed agent upon written request of the Georgia agent. (b) Subsection (a) shall not apply to: (1) Reinsurance or to life or accident and sickness insurance; (2) Insurance of the rolling stock, vessels, or aircraft of any common carrier in interstate or foreign commerce or insurance of any vehicle principally garaged and used in another state or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (3) Insurance of property in course of transportation, interstate or in foreign trade, or any liability or risk incident thereto; (4) Insurance of ocean marine risks; (5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or (6) Policies and contracts of insurance issued by insurers operating through or otherwise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business. (c) Violation of this Code section shall not invalidate the policy.

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SECTION 2 . Said title is further amended by striking Code Section 33-23-1, relating to definitions relative to licensing of agents, agencies, subagents, counselors, and adjusters, and inserting in lieu thereof the following: 33-23-1. (a) As used in this article, the term: (1) `Adjuster' means any person who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term `adjuster' does not include: (A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer. (2) `Agency' means a person who represents one or more insurers and is engaged in the business of soliciting or procuring insurance or applications for insurance or issuing or delivering contracts of insurance for one or more insurers. (3) `Agent' means an individual appointed or employed by an insurer who solicits insurance or procures applications for insurance; who in any way, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance. (4) `Controlled business of a person' means property or casualty insurance for a person or a person's spouse; for any relative by blood or marriage within the second degree of kinship as defined by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stockholder, or member of a person's employer or of any firm of which a person is a partner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or employee; or for any person or in regard to any property under a person's control or supervision in any fiduciary capacity. (5) `Counselor' means any person who engages or advertises or holds himself or herself out as engaging in the business of counseling,

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advising, or rendering opinions as to the benefits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the contract of insurance, other than an actuary or consultant advising insurers. When receiving a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transaction. (6) `Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer. (7) `Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (8) `Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident. (9) `Subagent' means any licensed agent, except as provided in Code Section 33-23-12 of this article, who acts for or on behalf of another licensed agent in the solicitation of, negotiations for, or procurement or making of an insurance contract or annuity contract whether or not the person is designated by the agent as subagent, solicitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term `subagent' shall not include: (A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or (B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance. (10) `Surplus lines broker' means a person as defined in Code Section 33-1-2. (b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include: (1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction so long as such person is not involved in soliciting insurance or signing contracts;

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(2) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession; (3) Any representative of ocean marine insurers; (4) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title; (5) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (6) A person acting for or as a collection agency; or (7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission. SECTION 3 . Said title is further amended by striking Code Section 33-23-2, relating to licensing of only individuals as agents, and inserting in lieu thereof the following: 33-23-2. A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual except in the case of licenses issued pursuant to subsection (c) of Code Section 33-23-12. SECTION 4 . Said title is further amended by striking Code Section 33-23-12, relating to limited licenses, and inserting in lieu thereof the following: 33-23-12. (a) Except as provided in subsection (b) of this Code section for credit insurance licenses, and subsection (c) of this Code section for rental companies, the Commissioner may provide by rule or regulation for licenses of agents or subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such limited license may be issued without requiring the applicant to hold an agent's license.

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(b) (1) Licenses shall be issued to individual persons for the purpose of writing credit insurance as provided in this subsection. Applicants must be sponsored by an insurer authorized to write credit insurance in this state, and the applicant must certify that he or she has read and understands the provisions of this title and regulations promulgated pursuant to this title which are pertinent to credit insurance in this state. (2) No prelicensing education or prelicensing examination shall be required for issuance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects. (3) The lines or sublines of insurance included in the scope of authority of credit insurance licenses issued under this Code section, whether issued as an agent or subagent license, shall include, but not be limited to, the following: (A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. (c) (1) As used in this subsection, the term: (A) `Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection; (B) `Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease; (C) `Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days; (D) `Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days;

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(E) `Vehicle' or `rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license; and (F) `Rental period' means the term of the rental agreement. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including but not limited to accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and

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other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company

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shall provide for such employees 2 hours continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. SECTION 5 . Said title is further amended by striking subsection (b) of Code Section 33-23-20, relating to effect of license suspension or placement of license on inactive status, and inserting in lieu thereof the following: (b) In case of a sale of an agency upon a work-out basis, the vendor without maintaining his or her license or the executors and administrators of the vendor's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, when the countersignature of a resident licensed agent is required pursuant to Code Section 33-3-26 and if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods. SECTION 6 . Said title is further amended by striking subsection (b) of Code Section 33-23-28, relating to scope of subagent's authority and record of transactions, and inserting in lieu thereof the following: (b) A subagent shall not have power to bind an insurer. SECTION 7 . Said title is further amended by striking Code Section 33-23-30, relating to restrictions on signing or countersigning by agents, and inserting in lieu thereof the following:

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33-23-30. An agent shall not sign in blank any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents. SECTION 8 . Said title is further amended by striking Code Section 33-23-31, relating to risk situs and requirement of countersignature of resident agent, and inserting in lieu thereof the following: 33-23-31. (a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state. (b) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiff's attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by

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him or her with the Commissioner shall be deemed to be his or her place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term `process' shall include a petition attached thereto. SECTION 9 . Said title is further amended by striking Code Section 33-23-32, relating to commissions for countersigning by resident agents, and inserting in lieu thereof the following: 33-23-32. Except when required in retaliation pursuant to Code Section 33-3-26, insurance contracts on risks or property located or having a situs in this state need not be countersigned by an agent duly licensed in accordance with Code Section 33-23-5; but, if a licensed nonresident agent participates in the effectuation of such contract and a countersignature is so required, the countersigning agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis. SECTION 10 . Said title is further amended by striking subsection (a) of Code Section 33-23-34, relating to records of transactions, and inserting in lieu thereof the following: (a) Every agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner.

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SECTION 11 . Said title is further amended by striking Code Section 33-23-40, relating to contracts issued or countersigned by unauthorized persons, and inserting in lieu thereof the following: 33-23-40. Any contract of insurance issued by a person prohibited by this chapter from so issuing it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the violation shall be guilty of a misdemeanor. SECTION 12 . Said title is further amended by striking Code Section 33-24-13, relating to execution of policies and use of facsimile signatures, and inserting in lieu thereof the following: 33-24-13. Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature. SECTION 13 . Said title is further amended by striking subsection (c) of Code Section 33-24-32, relating to underwriters' and combination policies, and inserting in lieu thereof the following: (c) Reserved. SECTION 14 . Said title is further amended by striking and reserving Code Section 33-40-13, relating to countersigning of policies, which reads as follows: 33-40-13. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 23 of this title. SECTION 15 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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COURTSJURY LISTS. Code Section 15-12-40 Amended. Code Section 15-12-40.2 Enacted. No. 423 (Senate Bill No. 196). AN ACT To amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to specify additional sources which shall be used in carrying out revisions of jury lists on and after a specified date; to provide for state and local officials to make available lists of persons in the county holding drivers' licenses or identification cards issued by the Department of Public Safety; to establish procedures for the removal from the jury list of certain persons who are ineligible for jury duty because such persons have been convicted of a felony or declared mentally incompetent and whose voting rights have not been restored; 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 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended in Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows: (1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2000, the board of jury commissioners shall make use of all of the following: (A) A list of all residents of the county who are the holders of drivers' licenses or personal identification cards issued by the Georgia Department of Public Safety pursuant to the provisions of Article 5 of Chapter 5 of Title 40; and the Department of Public Safety shall periodically make such a list available to the board of jury commissioners of each county;

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(B) The registered voters list in the county; and (C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners. No jury list compiled prior to July 1, 2000, shall be rendered invalid by a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners. SECTION 2 . Said article is further amended by adding between Code Section 15-12-40.1 and 15-12-41 a new Code Section 15-12-40.2 to read as follows: 15-12-40.2. It shall be the duty of the county board of registrars to provide the board of jury commissioners with a copy of the lists of persons who have been convicted of felonies in state or federal courts or who have been declared mentally incompetent and whose voting rights have been removed, which lists are provided to the county board of registrars by the Secretary of State pursuant to Code Section 21-2-231. Upon receipt of such list, it shall be the duty of the board of jury commissioners to remove such names from the trial and grand jury lists and to mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. PROFESSIONS AND BUSINESSESBOXING; GEORGIA BOXING COMMISSION. Code Title 43, Chapter 8A Amended. No. 424 (Senate Bill No. 205). AN ACT To amend Chapter 8A of Title 43 of the Official Code of Georgia Annotated, relating to professional boxing, so as to amend certain definitions; to change the name of the State Boxing Commission to the Georgia Boxing Commission; to clarify the powers and duties of the commission; to authorize the commission to designate a nationally recognized boxing registry; to provide that the Secretary of State shall designate the secretary of the commission; to provide for a discretionary meeting of

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the commission to approve or reject an application for a license or match permit; to provide for procedures to ensure that no boxer is permitted to box while under suspension because of a technical knockout; to provide for annual promoter's licenses; to remove certain provisions relating to fees for promoters; to provide for match permits and related requirements for issuance, applications, fees, performance bonds, refund of fees in certain circumstances, and suspensions; to provide for discretionary investigations of applicants for licenses; to change requirements for licenses; to change provisions relating to refusal to grant a license and suspensions and revocations of licenses; to define telecast promoters and to provide for duties, licenses, fees, and performance bonds of telecast promoters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 8A of Title 43 of the Official Code of Georgia Annotated, relating to professional boxing, is amended by striking in its entirety Code Section 43-8A-1, relating to definitions relative to professional boxing, and inserting in its place the following: 43-8A-1. As used in this chapter, the term: (1) `Boxer' means an individual who competes or intends to compete for a monetary prize or purse in a professional boxing match held within this state. (2) `Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. Such term shall not include kick boxing, karate, wrestling, nude boxing, tough man fights, ultimate fights, or any boxing event regulated by an amateur sports organization. Such term includes any contest or exhibition, engagement, sparring, or practice session, show, or program to which the public is admitted or which is filmed, broadcast, or transmitted for viewing. Such term shall not include training or practice sessions to which no admission fee is charged. (3) `Boxing registry' means a registry created or designated pursuant to subsection (k) of Code Section 43-8A-21. (4) `Broadcast' means any audio or visual transmission sent by any means of signal within, into, or from this state, including transmission by satellite, whether live or tape or time delayed and includes any replays thereof.

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(5) `Closed circuit telecast' means any telecast which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the term `pay-per-view.' This definition includes, but is not limited to, telecasts to arenas, bars, clubs, entertainment or meeting centers, and private residences through cable, broadcast, or other medium. (6) `Commission' means the Georgia Boxing Commission. (7) `Exhibition' means a match where the participants engage in the use of boxing techniques and where the objective is to display boxing skills and techniques without striving to win. (8) `Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. `Face value' shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match. It shall exclude any portion paid by the customer for federal, state, or local taxes. (9) `Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (10) `Gross receipts' means the gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; the portion of the receipts from the sale of souvenirs, programs, and other concessions received by the promoter; and the face value of all tickets sold and complimentary tickets redeemed. (11) `Indian tribe' means such term as defined in Section 4(a) of the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(e). (12) `Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional boxing match within such county or municipality. (13) `Manager' means a person who receives compensation for service as an agent or representative of a boxer. (14) `Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging boxing

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matches between opponents or who proposes professional boxing matches and selects and arranges for the boxers to participate in such matches and for whose activities in this regard the promoter is legally responsible. (15) `Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (16) `Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (17) `Professional boxing match' means a boxing match held in the State of Georgia in which boxers compete for a monetary prize. (18) `Promoter' means the person primarily responsible for organizing, promoting, and producing a professional boxing match and who is legally responsible for the lawful conduct of such boxing match. (19) `Purse' or `ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a contest or exhibition and includes the boxer's share of any payment received for radio broadcasting, television, or motion picture rights. (20) `Reservation' means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (21) `State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (22) `System operator' means any person who broadcasts or telecasts a closed circuit telecast regardless of the technology used to transmit or receive the broadcast or telecast. (23) `Telecast promoter' means any promoter who shows or causes to be shown in this state a closed circuit telecast of any professional boxing event, whether or not the telecast or event originates in this state. `Telecast promoter' shall not include a satellite or cable television system operator. (24) `Tribal organizations' means such term as defined in Section 4(1) of the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(1). SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 43-8A-21, relating to the powers and duties of the State Boxing Commission, and inserting in lieu thereof the following: 43-8A-21. (a) The Georgia Boxing Commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical

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safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing activity in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional boxing match promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional boxing match held in the State of Georgia. (d) The commission has the authority to direct, manage, control, and supervise all professional boxing matches. It may adopt bylaws for its own management and promulgate and enforce rules and regulations for the holding of professional boxing matches and for the effective administration of this chapter. (e) The commission may appoint inspectors as duly authorized representatives of the commission to be present at all professional boxing matches to ensure that the rules are strictly observed. (f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter. (g) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records, and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. (i) The commission shall have the authority to supervise a professional boxing match held in another state which has no state boxing commission, so long as such professional boxing match is conducted in accordance with the recommended regulatory guidelines certified and published by the Association of Boxing Commissions, this chapter, and rules and regulations adopted pursuant to this chapter. The commission may contract with an Indian tribe to supervise, according to the regulations of the tribal organization, professional boxing matches held

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on reservations, but only if the commission is otherwise authorized by this chapter to carry out the terms of the contract. (j) The commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxer's photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (k) The commission is authorized to create a boxing registry, or to designate a nationally recognized boxing registry, and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry. (l) The commission is authorized to inquire into the financial backing of any professional boxing match and obtain answers to written or oral questions propounded to all persons associated with the professional boxing match. (m) The commission is authorized to supervise and monitor the closed circuit telecast of a boxing match available for viewing in Georgia, whether or not the boxing match occurs in Georgia. The commission shall adopt necessary rules and regulations consistent with this chapter to implement this authority. SECTION 3 . Said chapter is further amended by striking in their entirety Code Section 43-8A-22, relating to the duties of the secretary of the commission, and Code Section 43-8A-23, relating to meetings, voting, quorum, and receiving applications, and inserting in lieu thereof the following: 43-8A-22. The Secretary of State shall designate the secretary of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter. 43-8A-23. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the

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purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson. SECTION 4 . Said chapter is further amended by striking in its entirety Code Section 43-8A-24, relating to rules and regulations, and inserting in lieu thereof the following: 43-8A-24. The commission shall adopt rules and regulations to establish the following: (1) Procedures to evaluate the professional records and physicians' certifications of each boxer participating in a professional boxing match and to deny authorization for a boxer to fight where appropriate; (2) Procedures to ensure that, except as provided in subsection (c) of Code Section 43-8A-44, no boxer is permitted to box while under suspension from any state boxing commission because of: (A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physician's denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional boxing matches held in this state or being supervised by the commission and any related suspensions. SECTION 5 . Said chapter is further amended by striking in their entirety Code Section 43-8A-40, relating to licenses and fees, and Code Section 43-8A-41, relating to notification of the commission, and inserting in lieu thereof the following: 43-8A-40. (a) No person shall promote or hold a professional boxing match within this state without first applying for and obtaining a promoter's license from the Georgia commission. No person shall promote or hold a professional boxing match supervised by the commission in another

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state which has no state boxing commission without first obtaining a promoter's license from the Georgia commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. (c) No person shall promote or hold a professional boxing match within this state and no person shall promote or hold a professional boxing match supervised by the commission in another state, without first applying for and obtaining a match permit from the commission for such boxing match. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional boxing match for which such fees were paid is not held. 43-8A-41. Any promoters desiring to hold a professional boxing match in another state which has no state boxing commission but which will be supervised by the commission shall provide the commission with written notification no less than 30 days before the intended date of the match. Such notification shall contain a statement that all applicable requirements of this chapter will be met and the name of each person who will be involved in organizing or participating in the event, if any, who, at the time of the submission of the notification, is under suspension and the identity of the boxing commission that issued the suspension. SECTION 6 . Said chapter is further amended by striking in their entirety Code Section 43-8A-42, relating to eligibility for licensure, and Code Section 43-8A-43,

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relating to registration, identification cards, and fees, and inserting in lieu thereof the following: 43-8A-42. (a) Prior to participating in a professional boxing match supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match and between rounds during a match shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission which shall be accompanied by an annual license fee not to exceed $250.00. At the discretion of the commission, the fee required in this Code section may be prorated. (b) The commission is authorized to conduct a background investigation to determine if an applicant under this Code section has a criminal record; provided, however, that the fact of a criminal record alone shall not affect the application but shall be considered a factor in determining whether to issue a license. The cost of such background investigation shall be borne by the applicant. (c) The commission shall not issue a license under this Code section unless: (1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in the manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations adopted under this chapter; and (3) The commission or its designated representative has determined from information provided on the application or from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of such license. 43-8A-43. In addition to the license required in Code Section 43-8A-42, each boxer who is a resident of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration at least once every two years, as determined by the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer,

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along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional boxing match. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration. SECTION 7 . Said chapter is further amended by striking in its entirety Code Section 43-8A-44, relating to revocation or suspension of licenses, and inserting in lieu thereof the following: 43-8A-44. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and: (1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any contestant, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50 the `Georgia Administrative Procedure Act.' Any such summary suspension imposed against a boxer may include, but shall not be limited to: (A) Prohibiting any such boxer from competing, appearing in, or participating in any boxing match or exhibition within 60 days of having suffered a knockout; or (B) Prohibiting any such boxer from competing, appearing in, or participating in any boxing match or exhibition within 30 days of

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having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission, its executive director, or its duly authorized representative, as defined by subsection (d) of Code Section 43-8A-21, may, at any time prior to the completion of a permitted boxing match, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said match may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such match; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (c) The commission may revoke a suspension of a boxer if: (1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-8A-24 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-8A-24 was not or is no longer merited by the facts. (d) The commission may allow a boxer who is under suspension in another state to participate in a professional boxing match if: (1) The suspension is for any reason other than those listed in this chapter and the commission notifies the suspending state's boxing commission in writing and consults with the designated official of such commission prior to the grant of approval for such individual to participate in that professional boxing match; or (2) The boxer appeals to the Association of Boxing Commissions and the association determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this chapter. SECTION 8 . Said chapter is further amended by striking in their entirety Code Section 43-8A-80, relating to jurisdiction if a match is broadcast; Code Section

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43-8A-81, relating to closed circuit broadcasts; and Code Section 43-8A-82, relating to rights for closed circuit telecasts, pay-per-view, fees, and criminal violations, and inserting in lieu thereof the following: 43-8A-80. A boxing match which is broadcast or otherwise transmitted into this state shall be deemed to be held in this state and shall be subject to the jurisdiction of the commission and all of the provisions of this article. 43-8A-81. The telecast promoter of a closed circuit broadcast must first apply for and the commission must approve a permit for such a telecast. The application for permit shall be on forms provided by the commission and shall contain the date of the broadcast, the origination address of the broadcast, a statement that the applicant acknowledges responsibility for the payment of the fees required by Code Section 43-8A-82 to the commission, the time period by which the postevent reports must be filed, for what portion of the closed circuit rights the telecast promoter is acknowledging responsibility, and such other information as the commission may deem necessary to carry out the provisions of this article. The application for a permit must be filed a minimum of 30 days prior to the date of the broadcast. 43-8A-82. (a) Where the Georgia distribution rights for a closed circuit telecast to be viewed in this state are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, then such person is deemed to be a telecast promoter and must, prior to the telecast, be licensed as such by the commission; provided, however, that the commission may provide by rule for additional licensed telecast promoters to participate in the distribution rights and share in the liability for payments to the commission of the fees required by subsection (e) of this Code section. Closed circuit telecasts of a boxing match shall not be telecast from, in, or into this state except under the auspices of a telecast promoter licensed in this state; and such telecast promoter shall be responsible for filing the appropriate reports and fee payments with the commission as provided in this article. (b) Telecast promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require to implement the provisions of this article.

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(c) In the case of closed circuit telecasts other than pay-per-view, the telecast promoter shall notify the commission of the names and addresses of all facilities to or through which the closed circuit telecast will be shown 14 days prior to the date of the closed circuit event and shall provide daily updates to the commission of any additions and deletions of facilities. (d) Any person or facility owner or operator intending to show the closed circuit telecast, whether or not an admission fee will be charged, must receive authorization to show the telecast from the telecast promoter prior to the telecast. The showing of a closed circuit telecast, whether or not an admission fee is charged, without the authorization of the licensed telecast promoter is prohibited. This includes the delayed showing of a closed circuit telecast when such showing requires the authorization of the telecast promoter. Information received by the commission of the names of persons showing a closed circuit telecast in violation of this article shall be furnished to the appropriate office for prosecution. (e) In the case of facilities at or through which the closed circuit telecast was shown, other than a satellite or cable television system operator's pay-per-view facilities, the telecast promoter shall, within ten calendar days after the telecast inclusive of mailing time, file with the commission a written report detailing the name, address, telephone number, contact person's name, and the details of the payment arrangement for the right to receive the telecast for each facility to which the broadcast was transmitted. The report shall be accompanied by a payment of 8 percent of the total amount paid to the telecast promoter or any agent of such telecast promoter under contract or agreement to receive payment for such telecast for the right to broadcast the telecast as a fee to the commission for the issuance of the telecast permit. The commission may require the owner or operator of the facility where the telecast is being shown to file a report containing information regarding the amount paid to the telecast promoter or any appropriate agent of the telecast promoter for the right to broadcast the telecast, the quality of the audio and video signal, and such other information as the commission deems appropriate. (f) In the case of a satellite or cable television system operator's pay-per-view facilities at or through which a closed circuit telecast was shown, the telecast promoter shall, within 15 calendar days following receipt from the commission of the notice of permit fees due, file with the commission a payment of 8 percent of the total gross receipts excluding any federal, state, or local taxes but including any fees and expenses charged the telecast promoter by the satellite or cable television system operator. The commission may require the system operator to file reports containing information regarding the number of orders sold and the price charged for such orders and such other information

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as the commission deems appropriate. Systems shall not be liable to the commission for the fee payment; provided, however, that nothing in this Code section is deemed to prevent a system from billing its customers for the fee payment. (g) Any telecast promoter, facility owner or operator, or system operator who willfully makes a false and fraudulent report under this Code section is guilty of the crime of falsifying state records and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed in this article. (h) Any telecast promoter, facility owner or operator, or system operator who willfully fails, neglects, or refuses to make a report or to pay the permit fees as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (i) The commission, by rule, shall establish monetary penalties for the late payment of permit fees and the late filing of reports and shall prescribe conditions, if any, under which such penalties may be waived. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MOTOR VEHICLES AND TRAFFICYIELDING RIGHT OF WAY WHERE TRAFFIC LIGHT IS INOPERATIVE; REMOVAL OF ACCIDENT VEHICLE FROM MULTILANE HIGHWAY. Code Sections 40-6-70 and 40-6-275 Amended. No. 425 (Senate Bill No. 236). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to provide that when two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign was facing in each direction at the intersection; to provide rules for when a flashing indication is given; to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety

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subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, and inserting in lieu thereof a new subsection (a) to read as follows: (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on such driver's right or left. When two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 40-6-275, relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway, and inserting in lieu thereof the following: 40-6-275. (a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section. (b) This Code section shall apply to motor vehicle traffic accidents which occur on the expressways and multilane highways of this state. (c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request.

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(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section. (e) This Code section shall not abrogate or affect a driver's duty of file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident. (f) This Code section shall not abrogate or affect a driver's duty to stop and give information in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law. (g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury or death may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation. 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 28, 1999. DOMESTIC RELATIONSCHILD SUPPORT RECOVERY; DETERMINATION, REVIEW, AND RELEASE. Code Section 19-11-12 Amended. No. 426 (Senate Bill No. 245). 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 provide for

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a 36 month review cycle for certain child support orders; to provide for a later review and modification in certain circumstances; to provide for notice to obligors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change; to provide for initiation of a review and for exceptions; to provide that no showing of change in circumstances shall be required for the modification of a child support order more than 36 months after the last issuance of an order or the last review; to provide for proof of a substantial change in circumstances for modification less than 36 months after the last issuance of an order or the last review; to provide for an administrative hearing or de novo superior court hearing when either party to the order objects to the IV-D agency's proposed adjustment or determination of no change; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by striking in its entirety Code Section 19-11-12, relating to determination of ability to support, review procedures, and no release from liability due to subsequent financial obligation, and inserting in lieu thereof the following: 19-11-12. (a) The IV-D agency shall determine the ability of the noncustodial parent to support his or her child or children in accordance with the guidelines prescribed in Code Section 19-6-15. (b) (1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a child support order which is being enforced under this chapter of their right to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation. (2) The establishment of a child support order or the entry of an order to modify a child support order or a determination of no change to a child support order under this Code section shall commence a 36 month cycle, the purpose of which is to provide the parties the right to a review of the order at least every 36 months or in such shorter cycle as the IV-D agency may determine. The failure of

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either party to request a review at least once every 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order at any time beyond the 36 month cycle. (c) (1) The IV-D agency shall review for possible modification child support orders, judicial and administrative in origin, which are subject to enforcement under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved. (2) If the request for the review occurs less than 36 months since the last issuance or last review of the order, the IV-D agency shall review, and if the requesting party demonstrates a substantial change in circumstances, seek to modify the order in accordance with the guidelines as provided by (2) of subsection (d) of this Code section. (3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances. (d) (1) The IV-D agency shall notify the obligor and obligee at least 30 days before the commencement of a review of a child support order. (2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. (3) Upon completion of a review, the IV-D agency shall send notice by first-class mail to the obligor and obligee at their last known addresses of a proposed adjustment or a determination that there should be no change in the child support award amount. Each party shall have 30 days from the date of the notice to object in writing to the IV-D agency's proposed adjustment or determination of no change. (4) (A) In the case of an administrative order, the agency shall request the administrative law judge to increase or decrease the amount in the existing order in accordance with the agency recommendation. If either the obligor or the obligee files with the agency within 30 days written objections to the agency's proposed adjustment to the child support order or determination of no change to the child support order, the matter shall be scheduled for an administrative hearing within the Office of State Administrative

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Hearings. The administrative order adjusting the child support award amount which results from a hearing or the failure to object to the agency's proposed adjustment or determination of no change shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the administrative law judge shall issue an income and earnings deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33. (B) In the case of a judicial order, the agency shall file a petition asking the court to adopt the agency's recommendation for an increase or decrease in the amount in the existing order. Upon the filing of a written objection to the agency's proposed adjustment or determination of no change with the clerk of the superior court and with the agency, a de novo proceeding shall be scheduled with the court on the matter. If neither party files an objection within the 30 day notice period, the court shall issue an order adopting the recommendation of the IV-D agency. As part of the order adjusting the child support award, the court shall issue an income and earnings deduction order pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33. (e) When the trier of fact, the administrative law judge for administrative orders, or a judge of the superior court for court orders, as the case may be, determines that there is a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the trier of fact may use this inconsistency as the basis to increase or decrease the amount of support ordered. The trier of fact may also address the repayment of any arrears accumulated under the existing order. (f) An obligor shall not be relieved of his or her duty to provide support when such obligor has brought about his or her own unstable financial condition by voluntarily incurring subsequent obligations. (g) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999.

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PUBLIC OFFICERS AND EMPLOYEESSALARIES OF VARIOUS STATE OFFICIALS. Code Sections 7-1-31, 42-2-6, 42-9-5, 45-7-4, 48-2-2, 50-5-1, and 50-6-20 Amended. No. 427 (Senate Bill No. 248). AN ACT To amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, so as to authorize the Governor to determine the salary of the commissioner of banks and banking; to amend Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the salary of the commissioner subject to approval of the Governor; to amend Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensation of the members of the State Board of Pardons and Paroles, so as to provide that such compensation shall be set by the Governor; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to remove certain state officials from the list of annual salaries; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to authorize the Governor to determine the salary of the state revenue commissioner; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Department of Administrative Services, so as to authorize the Governor to determine the salary of the commissioner of administrative services; to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to authorize the Legislative Services Committee to determine the salary of the state auditor; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, is amended by striking subsection (b) of Code Section 7-1-31, relating to the position and term of the commissioner, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the

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expiration date of the previous term. The commissioner shall receive a salary to be determined by the Governor. SECTION 2 . Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commissioner of corrections, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commissioner shall be appointed by and shall serve at the pleasure of the board. The commissioner shall receive a salary to be determined by the board, with the approval of the Governor. SECTION 3 . Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensation of the members of the State Board of Pardons and Paroles, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 42-9-5. The members of the board shall devote their full time to the duties of their office. The salaries of the members of the board shall be set by the Governor and their travel expenses and costs of lodging and meals shall be paid in the same manner and amount as provided in Code Section 45-7-20 for those state officials covered by such Code section. SECTION 4 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking paragraphs (6), (8), (10), (12), (16), and (17) of subsection (a) and inserting in their respective places new paragraphs to read as follows: (6) Reserved (8) Reserved (10) Reserved (12) Reserved, and (16) Reserved (17) Reserved. SECTION 5 . Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, is amended by striking subsection (c) of Code Section 48-2-2, relating to the

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office of state revenue commissioner, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The commissioner shall receive an annual salary to be determined by the Governor, which shall be the commissioner's total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the commissioner shall be reimbursed for all actual and necessary expenses incurred by the commissioner in carrying out his or her official duties. SECTION 6 . Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and appointment of the commissioner, in its entirety and inserting in lieu thereof a new Code Section 50-5-1 to read as follows: 50-5-1. There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be determined by the Governor. SECTION 7 . Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking Code Section 50-6-20, relating to salary, expenses, duties, and bond, in its entirety and inserting in lieu thereof a new Code Section 50-6-20 to read as follows: 50-6-20. The state auditor shall be paid a salary to be determined by the Legislative Services Committee created under Code Section 28-4-1 and shall also be reimbursed for all actual and necessary expenses incurred by the state auditor in carrying out his or her official duties. The state auditor shall devote his or her entire time to the performance of the duties of the office of state auditor and shall give bond, to be filed with and approved by the Comptroller General, in the sum of $10,000.00, payable to the Governor and the Governor's successors in office, conditioned that the state auditor shall truly and faithfully perform the duties of the office of state auditor and shall account for all public funds coming into the state auditor's hands or under the state auditor's control, the premium on which bond shall be paid by the state.

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SECTION 8 . This Act shall become effective on July 1, 1999. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. COURTSDISTRICT ATTORNEY EMERITUS; HONORARY OFFICE CREATED; QUALIFICATIONS; ASSISTANCE; COMPENSATION. Code Sections 15-18-29 and 15-18-30 Enacted. No. 428 (Senate Bill No. 262). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district attorney pro tempore; to provide for compensation; to provide for the continuation of certain benefits; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, is amended by inserting after Code Section 15-18-28 two new Code Sections 15-18-29 and 15-18-30 to read as follows: 15-18-29. (a) There is created the honorary office of district attorney emeritus of the State of Georgia. Any district attorney of this state who retires under honorable conditions after having served as a prosecuting attorney for 20 or more years shall automatically hold the honorary office of district attorney emeritus of the State of Georgia. (b) Any person holding the honorary office of district attorney emeritus of the State of Georgia shall, upon application to the Secretary of State, be issued a special certificate evidencing such honorary office. (c) The honorary office of district attorney emeritus of the State of Georgia shall not constitute the holding of public office or public employment for the purpose of any other law of this state.

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(d) The provisions of this Code section shall not affect the status or duties of any person appointed district attorney emeritus or solicitor-general emeritus pursuant to Article 4 of Chapter 12 of Title 47. 15-18-30. (a) As used in this Code section, `retired district attorney' means a retired district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or retired attorney from the staff of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia who is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system and who has a minimum of ten years of service in any combination of such offices. (b) In addition to any other provision of law, if a district attorney determines that the business of the court requires the temporary assistance of any retired district attorney, that district attorney may make a request for assistance to the chairman of the Prosecuting Attorneys' Council of the State of Georgia under such guidelines as the council may adopt. Subject to funds being available for such purpose and in accordance with such guidelines as the council may prescribe, the chairman may approve the temporary assistance requested. (c) If a district attorney is disqualified pursuant to Code Section 15-18-5, the presiding judge may appoint a retired district attorney as district attorney pro tempore subject to the provisions of subsection (d) of this Code section. The order appointing the district attorney pro tempore shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought, if applicable, and the reason that assistance is needed. A copy of the order shall be submitted to the chairman of the Prosecuting Attorneys' Council of the State of Georgia. (d) A retired district attorney who provides temporary assistance under this Code section or who is appointed as district attorney pro tempore pursuant to Code Section 15-18-5 may receive compensation from state funds for each day of service in an amount to be fixed by the council and not to exceed the annual state salary for the position from which such person retired, divided by 235. In addition to such compensation, such retired district attorney shall be reimbursed for actual expenses as provided by Code Section 15-18-12. Such compensation and expenses shall be paid by the council from state funds appropriated or otherwise available for the operation of the office of district attorney, upon a certificate by the district attorney, or in the case of a district attorney pro tempore by the judge, as to the number of days served or the expenses incurred. No person subject to the provisions of this Code section shall serve for more than 1,040 hours in any calendar year, and no such person shall be eligible for employee health benefits other than those

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available to him or her 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 event of any conflict, the provisions of Title 47 shall prevail over any provision of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. MR. ROBERT C. STRIPLINGCOMPENSATION. No. 3 (House Resolution No. 47). A RESOLUTION Compensating Mr. Robert C. Stripling; and for other purposes. WHEREAS, the Georgia Civil War Commission was by a resolution approved April 28, 1993 (Ga. L. 1993, p. 1952) established as an entity of state government and attached for administrative purposes to the Department of Natural Resources; and WHEREAS, on or about July 24, 1996, an agent of the commission directed a private contractor in carrying out the clearing of certain property subject to the control of the commission in Twiggs County; and WHEREAS, the private contractor without authority cleared timber from approximately three acres of adjoining property belonging to Mr. Robert C. Stripling; and in the process the contractor also destroyed approximately 800 feet of fence belonging to Mr. Stripling which separated the two tracts of land; and WHEREAS, Mr. Stripling promptly reported the damage to his property to the Twiggs County Sheriff's Office, and criminal proceedings were instituted by the State against the private contractor; and WHEREAS, an order of nolle prosequi was entered in these criminal proceedings on or about July 15, 1997, based on the State's determination at such time that the private contractor's actions had been carried out because of express, but incorrect and wrongful, instructions from the agent of the Civil War Commission to the private contractor; and WHEREAS, as a result Mr. Stripling has suffered unreimbursed property damages totaling $5,015.00 through the fault of the agent of the commission; and WHEREAS, this incident and loss occurred through no fault or negligence on the part of Mr. Stripling, and it is only fitting and proper that he be compensated for his loss.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $5,015.00 to Mr. Robert C. Stripling as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Natural Resources and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. C.F. COOTE MASON HIGHWAYDESIGNATED. No. 4 (House Resolution No. 57). A RESOLUTION Designating the C. F. Coote Mason Highway; and for other purposes. WHEREAS, C. F. Coote Mason was born on December 7, 1907, in Fannin County, Georgia; and WHEREAS, he was united in marriage to Blanche Fortner on December 22, 1931, and their union was blessed with two children, William Mason, Sr., and Joyce Ann Mason Mitchell; five grandchildren; and seven greatgrandchildren; and WHEREAS, raised in a loving home where family values and the work ethic were stressed and valued, he assumed the responsibility of caring for his family at the age of 11 following his father's death; and WHEREAS, although he had little formal education, he was highly intelligent and learned quickly the skills necessary for his development and advancement in society; and WHEREAS, he first went into business for himself operating the Georgia Filling Station in McCaysville, Georgia; and WHEREAS, in 1932, he opened a General Mercantile Store in Epworth, Georgia, which expanded into a farm equipment dealership under contract with the Ford Motor Company; and WHEREAS, a decision to relocate the business to Blue Ridge, Georgia, in 1960 to take advantage of a new highway proved to be advantageous and his business grew and prospered; and WHEREAS, eventually joined in the business by his son and a grandson, Mr. Mason remained active in the dealership until 1995; and WHEREAS, he is a long time member and deacon of the Epworth First Baptist Church which his parents helped to organize when he was a boy and is also a charter member of the Epworth Community Club; and

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WHEREAS, he continues to have a keen interest in the activities of his church and community. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate State Highway 5 from the intersection of State Highway 515 North to the Tennessee border as the C. F. Coote Mason Highway in honor of this distinguished citizen and do hereby request that all governing bodies and their agencies recognize this name and that proper notice of this resolution be published and awarded to all and, further, that appropriate signs be placed along the roadway declaring it as such. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to place and maintain appropriate signs designating the C. F. Coote Mason. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to C. F. Coote Mason. Approved April 28, 1999. MR. A.K. PEARSONCOMPENSATION. No. 5 (House Resolution No. 94). A RESOLUTION Compensating A. K. Pearson; and for other purposes. WHEREAS, on December 19, 1997, A.K. Pearson was driving east on Memorial Drive in Fulton County, Georgia, in fair weather and light traffic conditions traveling at a speed of approximately 30-35 mph; and WHEREAS, as he passed through the intersection of Memorial Drive and Glenwood-Memorial Connector, his automobile struck or collided with an unseen obstruction in the roadway; and WHEREAS, upon immediately returning to the scene of the apparent collision, Mr. Pearson observed no foreign object in the road but did observe two storm drain grates which were set into the road at a level well below the level of the pavement causing the pavement to be considerably uneven; and WHEREAS, it was the uneven position of the storm drain grates placed in that location by the Department of Transportation that caused Mr. Pearson's accident; and WHEREAS, the accident caused damage to Mr. Pearson's automobile in the nature of right front tire misalignment, a bent tie rod, and a bent right front frame; and

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WHEREAS, total repair costs paid by Mr. Pearson for damage to the automobile totaled $1,000.00; and WHEREAS, the loss occurred through no fault or negligence on the part of A. K. Pearson, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,000.00 to A. K. Pearson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. DR. PIERCE GORDON BLANCHARD MEMORIAL HIGHWAYDESIGNATED. No. 6 (House Resolution No. 95). A RESOLUTION Designating the Dr. Pierce Gordon Blanchard Memorial Highway; and for other purposes. WHEREAS, Pierce Gordon Blanchard was born February 19, 1888, in the Leah Community of Columbia County and died October 10, 1943. He was the thirteenth child of James (Jim) Harris Blanchard and Nancy (Nannie Eubanks Blanchard); and WHEREAS, Dr. Blanchard's family has resided in Columbia County since around 1760 when his great, great grandfather, Ruben Blanchard, was awarded a British land grant; and WHEREAS, Gordon Blanchard was the youngest graduate in his class at the Medical College of Georgia (Class of 1911) and, because of his scholastic record and exceptional surgical skills, he was offered half ownership in Margaret Wright Hospital; and WHEREAS, he felt that his call, destiny, and duty were in providing medical services to the less fortunate of Columbia County; and WHEREAS, his medical practice included minor surgery, delivering babies, emergency dental service, and providing medicine as a druggist; and he provided medical care not only in his office but also in the rural areas of Columbia, Lincoln, McDuffie, and Richmond Counties in Georgia and in the border counties of South Carolina; and WHEREAS, Dr. Blanchard married C. Moralle Ramsey in 1912 and they were blessed with ten wonderful children; and

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WHEREAS, he belonged to many professional, fraternal, and service organizations such as the American Medical Association and the Georgia and Richmond County Medical Associations, and he also volunteered his services to the public health department and held the office of county physician; and WHEREAS, Dr. Blanchard and his wife were very active in the religious and charitable affairs of their community and provided free medical care, food, clothing, firewood, money and other assistance to needy families; and WHEREAS, Dr. Blanchard was a man of God and loved people, and his outstanding life as a doctor, husband, father, and leader was an inspiration to the people of Columbia County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate State Highway 150 from Pollards Corner at the intersection of said State Highway 150 with State Highway 47 to the Mcduffie County line as the Dr. Pierce Gordon Blanchard Memorial Highway, in honor of this distinguished citizen of Georgia. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the family of Dr. Blanchard. Approved April 28, 1999. STATE PROPERTYEASEMENTS TO GEORGIA POWER COMPANY, MACON WATER AUTHORITY, BELLSOUTH TELECOMMUNICATIONS INC., COBB COUNTY, CITY OF ROME, TURNER PROPERTIES, PLANTATION PIPELINE, CITY OF WARNER ROBINS, CANOOCHEE EMC, GEORGIA TRANSMISSION CORPORATION, AND THE TENNESSEE VALLEY AUTHORITY. No. 7 (House Resolution No. 119). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and

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Towns counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties, Georgia; and WHEREAS, the Georgia Power Company, Macon Water Authority, BellSouth Telecommunications Inc., Cobb County, City of Rome, Turner Properties, Plantation Pipeline, City of Warner Robins, Canoochee EMC, Georgia Transmission Corporation, and the Tennessee Valley Authority desire to operate and maintain utilities, telecommunications, railroad crossings, water and sanitary sewer lines, a loading dock, and pipelines in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Georgia Forestry Commission, Department of Natural Resources, State Properties Commission, Department of Human Resources, Georgia National Fairgrounds and Agricenter, and Department of Technical and Adult Education, with respect to property under the jurisdiction of their respective departments. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1714th Georgia Militia District of Baldwin County, Georgia, and is more particularly described as follows:

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That portion and that portion only as shown in yellow on Department of Transportation right of way plans prepared by R.K. Shah Associates, Inc. and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines. SECTION 4 . That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution lines. SECTION 5 . That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 6 . That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 7 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the

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best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 8 . That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 9 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 10 . That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11 . That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 12 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 13 . That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Georgia

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Forestry Commission, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by an through its State Properties Commission. SECTION 14 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 106, 107, 112, and 113 of the 7th District of Bibb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on two drawing entitled Yoshida-Riggins Mill Transmission Line and prepared by Georgia Power Company, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 15 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines. SECTION 16 . That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines. SECTION 17 . That, after Georgia Power Company has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 18 . That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 19 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 20 . That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 21 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 22 . That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 23 . That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 24 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 25 . That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 26 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Macon Water Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sewage pumping station in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sewage pumping station together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Echeconnee Creek Natural Area in Bibb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a plat of survey entitled Boundary Survey prepared by Charles H. Jackson, Georgia Registered Land Surveyor No. 2351, dated December 19, 1997, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 27 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sewage pumping station. SECTION 28 . That the Macon Water Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be

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reasonably necessary for the proper construction, operation, and maintenance of said sewage pumping station. SECTION 29 . That, after the Macon Water Authority has put into use the sewage pumping station for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Macon Water Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 30 . That no title shall be conveyed to the Macon Water Authority, and, except as herein specifically granted to the Macon Water Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Macon Water Authority. SECTION 31 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Macon Water Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Macon Water Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 32 . That the easement granted to the Macon Water Authority shall contain such other reasonable terms, conditions, and covenants as the State

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Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 33 . That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 34 . That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 35 . That the authorization in this resolution to grant the above-described easement to the Macon Water Authority shall expire three years after the date that this resolution becomes effective. SECTION 36 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 37 . That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 38 . That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications line and channel in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications line and channel together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid

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purposes. Said easement area is located beneath the Savannah River in Chatham County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a plat of survey entitled Plat of a 50' Utility Easement Across the Savannah River prepared by James H. Simms, dated September 3, 1997, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 39 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications line and channel. SECTION 40 . That BellSouth Telecommunications Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunications line and channel. SECTION 41 . That, after BellSouth Telecommunications Inc. has put into use the telecommunications line and channel for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, BellSouth Telecommunications Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 42 . That no title shall be conveyed to BellSouth Telecommunications Inc., and, except as herein specifically granted to BellSouth Telecommunications Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications Inc. SECTION 43 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended

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use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications Inc. shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 44 . That the easement granted to BellSouth Telecommunications Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 45 . That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 46 . That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 47 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications Inc. shall expire three years after the date that this resolution becomes effective. SECTION 48 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE V SECTION 49 . That the State of Georgia is the owner of the hereinafter described real property in Cobb County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 50 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of railroad crossings in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating railroad crossings together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lots 62 and 251 of the 20th District of Cobb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on those drawings entitled Baker/Jiles Road Connector, Cobb County Project No. 7174; Barrett Parkway Extension from Dallas Highway to U.S. 41, Cobb County Project No. 4225; and Atlanta Road from Fulton County Line to I-285, Cobb County Project No. 4215; each being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 51 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said railroad crossings. SECTION 52 . That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said railroad crossings. SECTION 53 . That, after Cobb County has put into use the railroad crossings for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns,

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of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 54 . That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County. SECTION 55 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 56 . That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 57 . That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as

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the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 58 . That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 59 . That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective. SECTION 60 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI SECTION 61 . That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 62 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 200 of the 23rd District of Floyd County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Division Street Distribution Line Crossing the Property of State of Georgia prepared by Georgia Power Company and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 63 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines. SECTION 64 . That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution utility lines. SECTION 65 . That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 66 . That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 67 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount

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of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 68 . That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 69 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 70 . That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71 . That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 72 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VII SECTION 73 . That the State of Georgia is the owner of the hereinafter described real property in Floyd County, Georgia, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 74 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Rome, Floyd County, or its successors

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and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating water and sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 200 of the 23rd District of Floyd County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in orange on an Engineering Drawing entitled Property of State of Georgia dated February 13, 1998, prepared by Williams, Sweitzer and Barnum, Inc., and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 75 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water and sanitary sewer lines. SECTION 76 . That the City of Rome, Floyd County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water and sanitary sewer lines. SECTION 77 . That, after the City of Rome, Floyd County, has put into use the water and sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Rome, Floyd County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 78 . That no title shall be conveyed to the City of Rome, Floyd County, and, except as herein specifically granted to the City of Rome, Floyd County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Rome, Floyd County.

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SECTION 79 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Rome, Floyd County, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Rome, Floyd County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 80 . That the easement granted to the City of Rome, Floyd County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 81 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 82 . That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 83 . That the authorization in this resolution to grant the above-described easement to the City of Rome, Floyd County, shall expire three years after the date that this resolution becomes effective.

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SECTION 84 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 85 . That the State of Georgia is the owner of the hereinafter described real property in Floyd County, Georgia, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 86 . That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications equipment vault in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications equipment vault together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 202 of the 23rd District of Floyd County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a Department of Transportation Right-of-Way Map provided by BellSouth Telecommunications Inc., and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 87 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications equipment vault. SECTION 88 . That BellSouth Telecommunications Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunications equipment vault. SECTION 89 . That, after BellSouth Telecommunications Inc. has put into use the telecommunications equipment vault for which this easement is granted, a

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subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, BellSouth Telecommunications Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 90 . That no title shall be conveyed to BellSouth Telecommunications Inc., and, except as herein specifically granted to BellSouth Telecommunications Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications Inc. SECTION 91 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications Inc. shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 92 . That the easement granted to BellSouth Telecommunications Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 93 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 94 . That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 95 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications Inc. shall expire three years after the date that this resolution becomes effective. SECTION 96 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 97 . That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Georgia World Congress Center, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 98 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Turner Properties, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a loading dock in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a loading dock together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Georgia World Congress Center in Fulton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey dated July 8, 1998 entitled Part of the Omni Arena Project, prepared by Larry W. Clark, Georgia Registered land Surveyor No. 1709, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia

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registered land surveyor and presented to the State Properties Commission for approval. SECTION 99 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said loading dock. SECTION 100 . That, after Turner Properties has put into use the loading dock for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Turner Properties, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 101 . That no title shall be conveyed to Turner Properties, and, except as herein specifically granted to Turner Properties, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Turner Properties. SECTION 102 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Turner Properties shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Turner Properties. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 103 . That the easement granted to Turner Properties shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the Georgia Department of Transportation shall approve of the easement herein described prior to its being granted and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 104 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 105 . That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 106 . That the authorization in this resolution to grant the above-described easement to Turner Properties shall expire three years after the date that this resolution becomes effective. SECTION 107 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 108 . That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 109 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Plantation Pipeline, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground petroleum pipeline water in, on, over, under, upon,

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across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an underground petroleum pipeline, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located beneath Chattahoochee River in Fulton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by Arcadis, Geraghty Miller, dated October 26, 1998, for Plantation Pipeline, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 110 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground petroleum pipeline. SECTION 111 . That the Department of Natural Resources shall approve of the easement herein described prior to its being granted to Plantation Pipeline. SECTION 112 . That, after Plantation Pipeline has put into use the underground petroleum pipeline for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Plantation Pipeline, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 113 . That no title shall be conveyed to Plantation Pipeline, and, except as herein specifically granted to Plantation Pipeline, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Plantation Pipeline. SECTION 114 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the

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easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Plantation Pipeline shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Plantation Pipeline. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 115 . That the easement granted to Plantation Pipeline shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 116 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 117 . That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 118 . That the authorization in this resolution to grant the above-described easement to Plantation Pipeline shall expire three years after the date that this resolution becomes effective. SECTION 119 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XI SECTION 120 . That the State of Georgia is the owner of the hereinafter described real property in Houston County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 121 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Warner Robins, Houston County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Oakey Woods Wildlife Management Area in Houston County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled City of Warner Robins Sanitary Sewer Improvements prepared by Walter G. Clements Georgia Registered Land surveyor No. 1967, dated August 17, 1998, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 122 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 123 . That after the City of Warner Robins, Houston County, has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Warner Robins, Houston County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 124 . That no title shall be conveyed to the City of Warner Robins, Houston County, and, except as herein specifically granted to the City of Warner Robins, Houston County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Warner Robins, Houston County. SECTION 125 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Warner Robins, Houston County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Warner Robins, Houston County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 126 . That the easement granted to the City of Warner Robins, Houston county shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 127 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 128 . That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 129 . That the authorization in this resolution to grant the above-described easement to the City of Warner Robins, Houston County, shall expire three years after the date that this resolution becomes effective. SECTION 130 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XII SECTION 131 . That the State of Georgia is the owner of the hereinafter described real property in Houston County, and the property is in the custody of the Georgia Agricultural Exposition Authority, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 132 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Georgia National Fairgrounds and Agricenter Reaves Arena in Houston County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by Calvin Middlebrooks, dated July 15, 1998, for Georgia Power Company, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 133 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.

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SECTION 134 . That, after Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 135 . That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 136 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 137 . That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the

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State Properties Commission describes the same easement area herein granted. SECTION 138 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 139 . That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 140 . That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 141 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XIII SECTION 142 . That the State of Georgia is the owner of the hereinafter described real property in Long County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 143 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Canoochee EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Griffin Ridge Wildlife Management Area in Long County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey prepared by Timothy W. Eason Georgia Registered Land

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Surveyor No. 2508, prepared for Canoochee EMC, dated June 12, 1998, 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 to the State Properties Commission for approval. SECTION 144 . That the above-described premises shall be used solely for the planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 145 . That, after Canoochee EMC has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Canoochee EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 146 . That no title shall be conveyed to Canoochee EMC, and, except as herein specifically granted to Canoochee EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Canoochee EMC. SECTION 147 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Canoochee EMC shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Canoochee EMC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long

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as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 148 . That the easement granted to Canoochee EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 149 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 150 . That this grant of easement shall be recorded by the grantee in the Superior Court of Long County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 151 . That the authorization in this resolution to grant the above-described easement to Canoochee EMC shall expire three years after the date that this resolution becomes effective. SECTION 152 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XIV SECTION 153 . That the State of Georgia is the owner of the hereinafter described real property in Newton County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 154 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Transmission Corporation, or its

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successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission, distribution, and communications lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission, distribution and communication lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Newton County Satellite Center of DeKalb Tech in Newton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled SKC Covington #3 Tap 115 kV Transmission Line prepared by Albert M. Wynn Jr. Georgia Registered Land Surveyor No. 2178, dated January 20, 1998, 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 to the State Properties Commission for approval. SECTION 155 . That the above-described property shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission, distribution, and communications lines. SECTION 156 . That, after Georgia Transmission Corporation has put into use the electrical transmission, distribution and communication lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Transmission Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 157 . That, no title shall be conveyed to Georgia Transmission Corporation and, except as herein specifically granted to Georgia Transmission Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Transmission Corporation. SECTION 158 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the

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easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Transmission Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Transmission Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 159 . That the easement granted to Georgia Transmission Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 160 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 161 . That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 162 . That the authorization in this resolution to grant the above-described easement to Georgia Transmission Corporation shall expire three years after the date that this resolution becomes effective. SECTION 163 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XV SECTION 164 . That the State of Georgia is the owner of the hereinafter described real property in Paulding County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 165 . That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications cabinet in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications cabinet, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Paulding County Satellite Center of Chattahoochee Tech in Paulding County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled BellSouth Telecommunications Property of State of Georgia prepared by James M. McNeely, Georgia Registered Land Surveyor No. 2301, dated February 13, 1998, 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 to the State Properties Commission for approval. SECTION 166 . That the above-described property shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications cabinet. SECTION 167 . That, after BellSouth Telecommunications Inc. has put into use the telecommunications cabinet for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, BellSouth Telecommunications Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 168 . That no title shall be conveyed to BellSouth Telecommunications Inc. and, except as herein specifically granted to BellSouth Telecommunications Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications Inc. SECTION 169 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications Inc. shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 170 . That the easement granted to BellSouth Telecommunications Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 171 . That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 172 . That this grant of easement shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 173 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications Inc. shall expire three years after the date that this resolution becomes effective. SECTION 174 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVI SECTION 175 . That the State of Georgia is the owner of the hereinafter described real property in Towns County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 176 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical transmission line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Brasstown Valley Resort in Towns County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey prepared for the Tennessee Valley Authority prepared by James C. Jones, Georgia Registered Land Surveyor No. 2298, 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 to the State Properties Commission for approval. SECTION 177 . That the above-described property shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission line.

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SECTION 178 . That, after the Tennessee Valley Authority has put into use the electrical transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Valley Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 179 . That no title shall be conveyed to the Tennessee Valley Authority and, except as herein specifically granted to the Tennessee Valley Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority. SECTION 180 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Tennessee Valley Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Valley Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 181 . That the easement granted to the Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a

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more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 182 . That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 183 . That this grant of easement shall be recorded by the grantee in the Superior Court of Towns County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 184 . That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective. SECTION 185 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVII SECTION 186 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999. STATE PROPERTYCONVEYANCES TO COBB COUNTY, HALL COUNTY, AND LAURENS COUNTY. No. 8 (House Resolution No. 122). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Cobb County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; authorizing the conveyance of certain state owned real property located in Laurens County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia;

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(2) Said real property is all those tracts or parcels of land lying and being in Cobb County, Georgia, containing approximately 0.50 of one acre, adjoining Sandtown Road and being described as Parcel Nos. 39 and 47 of Cobb County Department of Transportation Project No. 7404-31, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Technical and Adult Education; (4) Cobb County is desirous of widening and improving Sandtown Road and said widening and improving will impact the above-described state owned property; (5) By resolution dated February 5, 1998, the Board of Technical and Adult Education approved of the conveyance of the above-described property to Cobb County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Hall County, Georgia, containing approximately 3.6 acres, adjoining John Reynolds Road and being more particularly described on a plat of survey prepared by Watts Browning Engineers Inc., entitled Survey of Property for Georgia Department of Natural Resources, dated August 4, 1994, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Natural Resources; (4) Hall County is desirous of widening and improving John Reynolds Road which bisects a portion of Chattahoochee River State Park and said widening and improving will be beneficial to the state; (5) By resolution dated June 24, 1998, the Board of Natural Resources approved of the conveyance of the above-described property to Hall County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Laurens County, Georgia;

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(2) Said real property is all those tracts or parcels of land lying and being in Land Lots 241, 242, and 259 of the 2nd District of Laurens County, Georgia, containing approximately 3.9 acres adjoining Oconee Church Road and being more particularly described on sheets 5, 6, and 7 of Right of Way Maps for Road Project No. PEPRN 432-2 (175), dated May 29, 1997, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Natural Resources at its Beaverdam Wildlife Management Area; (4) Laurens County is desirous of widening and improving Oconee Church Road which borders a portion of Beaverdam Wildlife Management Area and said widening and improving will be beneficial to the state; (5) By resolution dated June 24, 1998, the Board of Natural Resources approved of the conveyance of the above-described property to Laurens County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia is the owner of the above-described real property located in Cobb 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 shall be conveyed by appropriate instrument to Cobb County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to Cobb County shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb 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 Hall 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 7 . That the above-described real property shall be conveyed by appropriate instrument to Hall County by the State of Georgia, acting by and through the State Properties Commission, for $10.00, so long as the property is used for a public purpose, 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 authorization in this resolution to convey the above-described property to Hall County shall expire three years after the date that this resolution becomes effective. SECTION 9 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 10 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 11 . That the State of Georgia is the owner of the above-described real property located in Laurens 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 12 . That the above-described real property shall be conveyed by appropriate instrument to Laurens County by the State of Georgia, acting by and

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through the State Properties Commission, for $10.00, so long as the property is used for a public purpose, 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 13 . That the authorization in this resolution to convey the above-described property to Laurens County shall expire three years after the date that this resolution becomes effective. SECTION 14 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 15 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE IV SECTION 16 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999. MR. HENRY C. BATSONCOMPENSATION. No. 9 (House Resolution No. 157). A RESOLUTION Compensating Mr. Henry C. Batson; and for other purposes. WHEREAS, on September 19, 1988, Mr. Henry C. Batson and his parents, residents of Brunswick, Georgia, were traveling in Mr. Batson's 1975 Buick Riviera when they stopped at Jim's Convenience Store located on U.S. Highway 341; and WHEREAS, two prisoners who had earlier escaped a work detail and stolen a prison bus stopped at the convenience store; and WHEREAS, after Mr. Batson entered the convenience store, the escaped prisoners pulled his parents from the vehicle and stole Mr. Batson's automobile; and WHEREAS, although Mr. Batson is totally disabled and had recently had back surgery, he wrestled with the prisoners to try to protect his parents and prevent the theft of his vehicle. This encounter resulted in additional

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injuries to Mr. Batson and much anguish as a result of having to witness the attack on his parents; and WHEREAS, Mr. Batson's vehicle was later recovered, impounded, stripped, and crushed. He also lost from the vehicle mechanical tools, a video camera, and a cassette tape deck; and WHEREAS, Mr. Batson suffered personal injury, unreimbursed medical expenses, and unreimbursed property losses totalling $2,500.00; and WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Batson, and it is only fitting and proper that he be compensated for his losses. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $2,500.00 to Mr. Henry C. Batson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. MR. FRANK MARTINCOMPENSATION. No. 10 (House Resolution No. 161). A RESOLUTION Compensating Mr. Frank Martin; and for other purposes. WHEREAS, Mr. Frank Martin, a resident of Canton, Georgia, is an employee with the Department of Transportation at the District 6 Maintenance Shop in Bartow County; and WHEREAS, on June 29, 1998, the maintenance shop was burglarized and numerous items of Department of Transportation property were taken and, in addition, many of Mr. Martin's personal tools were stolen; and WHEREAS, the value of Mr. Martin's tools was $3,914.25; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Martin, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $3,914.25 to Mr. Frank Martin as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Transportation and shall be in full and

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complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. MAJOR GENERAL THOMAS WAYNE ROBISON MEMORIAL HIGHWAYDESIGNATED. No. 11 (House Resolution No. 162). A RESOLUTION Designating the Major General Thomas Wayne Robison Memorial Highway; and for other purposes. WHEREAS, Major General Thomas Wayne Robison, a native of Good Hope, Georgia, earned a Bachelor's degree in physical science at the University of Georgia and a Masters of Arts Degree in Education Administration from Tulane University; and WHEREAS, his military education included the Quartermaster School, Officer Basic and Advanced Courses, Armed Forces Staff College, and the United States Army War College; and WHEREAS, his illustrious career of more than 34 years included assignments as Assistant Deputy Chief of Staff for Logistics; Office of the Deputy Chief of Staff for Logistics, Washington, D.C.; Director of Logistics (J4), United States Forces Command, Fort McPherson, Georgia; Deputy Commanding General, 22d Theater Army Area Command (Desert Strom), Saudi Arabia; Commander, United States Army Air Force Exchange Service Europe, Germany; and Deputy Commanding General, United States Army Japan and IX Corps, culminating in his assignment as Deputy Commanding General, Combined Arms Support, U. S. Army Training and Doctrine Command and as Commanding General, U. S. Army Combined Arms Support Command and Fort Lee, Virginia; and WHEREAS, his dedication, discipline, and outstanding performance was recognized with many awards and decorations, including the Distinguished Service Medal; Legion of Merit (with two Oak Leaf Clusters); Bronze Star (with Oak Leaf Cluster); Meritorious Service Medal (with three Oak Leaf Clusters); Joint Service Commendation Medal (with Oak Leaf Cluster); Army Commendation Medal (with three Oak Leaf Clusters); Parachutist Badge; and Army Staff Identification Badge; and WHEREAS, his family in Good Hope, Georgia, his mother Adelle M. Robison, and his brother and sister-in-law, Truman and Jane Robison, have been justly proud of this courageous soldier. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the part of Georgia Highway 186 from Good Hope to the Walton

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County border with Oconee County is hereby designated the Major General Thomas Wayne Robison Memorial Highway in honor of the brave soldier from Good Hope. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate markers designating such highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Major General Thomas Wayne Robison. Approved April 28, 1999. MR. TONY PILCHERCOMPENSATION. No. 12 (House Resolution No. 164). A RESOLUTION Compensating Mr. Tony Pilcher; and for other purposes. WHEREAS, Mr. Tony Pilcher, a resident of Rome, Georgia, is a mechanic employed by the Department of Transportation at the District 6 Maintenance Shop in Bartow County; and WHEREAS, on June 29, 1998, the maintenance shop was burglarized and numerous items of Department of Transportation property were taken and in addition, many of Mr. Pilcher's personal tools were stolen; and WHEREAS, the value of Mr. Pilcher's tools was $2,524.79; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Pilcher, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $2,524.79 to Mr. Tony Pilcher as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. ANDREW JACKSON ASH MEMORIAL BRIDGEDESIGNATED. No. 13 (House Resolution No. 166). A RESOLUTION Designating the Andrew Jackson Ash Memorial Bridge; and for other purposes.

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WHEREAS, Andrew Jackson Ash is an important figure in the history of Lumpkin County, Georgia, where the Ash family were prominent early settlers in the Chestatee District; and WHEREAS, Jack Ash was born August 6, 1837, in the Porter Springs community, the son of William and Sarah Spencer Ash, and he died August 26, 1904; and WHEREAS, he married Fannie Vernetta Caldwell who was born on February 9, 1847, and died on April 4, 1915, and they were the proud parents of twelve children who have brought honor and credit to the Ash family name; and WHEREAS, Jack Ash established a general mercantile business that was a family operated enterprise and was passed along to the next generation, and he also served as the Postmaster of the Walnut, Georgia, post office located near Turner's Corner; and WHEREAS, Andrew Jackson Ash was an active and influential leader in the economic, political, and religious affairs in his community and his legacy of community service merits proper recognition and remembrance. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the intersection of U.S. 19 and State Route 129 (at Turner's Corner) in Lumpkin County be designated the Andrew Jackson Ash Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Andrew Jackson Ash and to the commissioner of transportation. Approved April 28, 1999. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEECREATION. No. 14 (House Resolution No. 167). A RESOLUTION To create the Metropolitan Atlanta Rapid Transit Overview Committee; and for other purposes. WHEREAS, the Metropolitan Atlanta Rapid Transit Authority continues the construction of one of this state's largest projects, which continues to place upon the state and local governments vast demands upon their ability

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to anticipate and meet the future orderly planning processes which will be needed by this project; and WHEREAS, the planning and implementation of a rapid transit system for the metropolitan Atlanta area is a vital concern to the state as a whole and, in particular, to the local governments of the metropolitan Atlanta area; and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority is a creature of the General Assembly, having been created for the purpose of providing a rapid transit system for the metropolitan Atlanta area; and WHEREAS, the projects of the authority are not only of an interest and concern to the metropolitan Atlanta region, but also are statewide in scope, principally because the funds to support the activities of the authority are provided by practically all of the state's citizens; and WHEREAS, it is incumbent upon the members of the General Assembly to periodically review the efficiency and effectiveness with which such authority is meeting its legislatively created purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following 14 members: the chairperson of the State Planning and Community Affairs Committee of the House of Representatives; the chairperson of the State and Local Governmental Operations Committee of the Senate; the chairperson of the Ways and Means Committee of the House of Representatives; a member of the Banking and Financial Institutions Committee of the Senate to be selected by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House, at least one of whom shall be from the area served by the authority; two members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the authority; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least two of whom shall be from the area served by the authority. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment.

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The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the Metropolitan Atlanta Rapid Transit Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes. SECTION 2 . The state auditor, the Georgia Department of Transportation, and the Attorney General shall make available to the committee the services of their staffs' facilities and powers in order to assist the committee in its discharge of its duties herein set forth. The committee may employ staff and secure the services of independent accountants, engineers, and consultants. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties, upon application of the chairperson of the committee with the concurrence of the Speaker of the House and the President of the Senate. SECTION 3 . The Metropolitan Atlanta Rapid Transit Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and the Georgia Department of Transportation in order that the charges of the committee, set forth in this Act, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately inform itself of the activities of the authority required by this resolution. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authority or as to any subpoenas issued by the committee. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Metropolitan Atlanta Rapid Transit Authority, as set forth in this Act. SECTION 4 . In the discharge of its duties, the committee shall evaluate the performance of the authority in providing public transportation consistent with the following criteria: (1) Public safety; (2) Prudent, legal, and accountable expenditure of public funds;

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(3) Responsiveness to community needs and community desires; (4) Economic vitality of the transportation system and economic benefits to the community; (5) Efficient operation; and (6) Impact on the environment. To assist in evaluating the performance of the authority, the committee may appoint a citizens' advisory committee or committees. Such citizens' advisory committee or committees shall act in an advisory capacity only. SECTION 5 . (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying the expenses of advertising notices of intention to amend the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' as amended; paying for services of independent accountants, engineers, and consultants; paying necessary expenses of the citizens' advisory committee or committees; and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government. BE IT FURTHER RESOLVED that nothing contained within this resolution shall relieve the Metropolitan Atlanta Rapid Transit Authority of the responsibilities imposed upon it under the `Metropolitan Atlanta Rapid Transit Authority Act of 1965,' as amended, for the planning, designing, purchasing, acquiring, constructing, improving, equipping, financing, maintaining, administering, and operating a system of rapid transit for the metropolitan area of Atlanta. Approved April 28, 1999.

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STATE PROPERTYCONVEYANCES, EASEMENTS, AND LEASES TO DOUGLAS COUNTY, HALL COUNTY, RON BELL, CHATHAM COUNTY, COBB COUNTY, BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, NORFOLK SOUTHERN CORPORATION, AND BALDWIN COUNTY; SALE OF PROPERTY IN DOUGHERTY COUNTY; LEASE OF PROPERTY IN RABUN COUNTY; ACTIONS RELATING TO OSSABAW ISLAND. No. 15 (House Resolution No. 169). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; authorizing the conveyance of certain state owned real property located in Tattnall County, Georgia; authorizing the conveyance of certain state owned real property in Dougherty County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property reversionary interest to property located in Douglas County, Georgia; authorizing the granting of nonexclusive easements for operation and maintenance of railroad crossings on, over, under, upon, across, or through state owned real property located in Cobb County, Georgia; authorizing the granting of nonexclusive easements for construction and maintenance of ingress and egress in, on, over, under, upon, across, or through state owned real property located in Fulton County, Georgia; authorizing the granting of a nonexclusive easement for operation and maintenance of a railroad siding in, on, over, under, upon, across, or through property owned by the State of Georgia in Hamilton County, Tennessee; authorizing the long-term leasing of certain state owned property in Rabun County, Georgia; authorizing an amendment to a lease of certain state owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Douglas County, Georgia; (2) Said real properties are all those tracts or parcels of land lying and being in Land Lot 48 of the 1st District, 5th Section of Douglas County identified as Tract B and Tract D containing a total of approximately 0.99 of one acre as shown on a plat of survey entitled Timber Ridge Drive Relocation prepared by Robert T. Armstrong, Georgia Registered Land Surveyor No. 1901, and dated November 21, 1997, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared

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by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is or will be under the custody of the Department of Technical and Adult Education at its Douglas County Satellite Center of Carroll Technical Institute; (4) Douglas County is realigning a portion of Timber Ridge Drive along a portion of the road frontage of the Douglas County Satellite Center; (5) Said realignment will require the conveyance to Douglas County of approximately 0.81 of one acre of state property at the Douglas County Satellite Center which is identified as the above-described Parcel B; (6) Douglas County has agreed to convey one-half of the original Timber Ridge Drive right of way, which adjoins state owned property containing approximately 0.18 of one acre to the State of Georgia which is identified as the above-described Parcel D; (7) Said realignment will separate approximately 0.19 of one acre of state property from the Campus of the Douglas County Satellite Center; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Farley, Collins and Associates, dated July 30, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; (4) The Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and, once the department has vacated the above-described property, it intends to declare the property surplus to its needs; (5) Hall County has agreed to convey to the state the property for the above-mentioned new location for a consideration of $1.00; (6) Hall County is desirous of acquiring the above-described state owned real property for the purpose of constructing housing for a

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female work release program to be administered by the Hall County Sheriff's Department; (7) The Hospital Authority of Hall County and the City of Gainesville, Georgia, conveyed the above-described property to the state on May 19, 1966, for the consideration of $1.00, and the authority has no objection to the above-described state owned real property being conveyed to Hall County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District of Tattnall County and containing approximately 0.44 of one acre as shown on a plat of survey prepared by Princeton P. Pirkle, Jr., Georgia Registered Land Surveyor No. 1474, dated October 27, 1998, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Corrections at its Georgia State Prison facility; (4) Ron Bell is the owner of certain real property which adjoins the above-described state owned property, and it has been determined that certain improvements have been constructed on a portion of the said state owned real property, thereby creating an encroachment; (5) Ron Bell is desirous of acquiring the above-described state owned real property in order to remedy the said encroachment; (6) The above-described state owned real property is separated from the main campus of Georgia State Prison by Georgia Highway 147, and the Department of Corrections has no objections to the conveyance of the above-described state owned property in order to remedy the encroachment; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia, which are collectively known as the Albany Nursery, totaling approximately 299 acres; (2) The parcels are described as follows: (A) All those tracts or parcels of land being approximately 291 acres in Land Lot 68 and part of Land Lot 93 of the 2nd District of Dougherty County, Georgia, and approximately five acres in Land

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Lot 54 of the 2nd District of Dougherty County, Georgia, being more particularly shown on a plat of survey by William Lowe dated January 12, 1955; and (B) All that tract or parcel of land lying and being in Land Lot 361 of the 1st District of Dougherty County, Georgia, containing approximately three acres, more particularly shown on a plat of survey by Malcolm Burnsed dated December 22, 1975; (3) Together the parcels are currently in the custody of the Department of Natural Resources and are operated by the department's Wildlife Resources Division as a wildlife management area which includes access and facilities for handicapped persons; (4) With only approximately 299 acres, the wildlife management area is too small to allow the inclusion of all of the appropriate outdoors experiences and there is no opportunity for expansion; (5) The department's Wildlife Resources Division desires to purchase, create, and maintain other wildlife management area lands in southwest Georgia for the use of the citizens of Georgia and to provide special facilities for hunting and shooting by handicapped sportsmen and women in wildlife management area lands in southwest Georgia; (6) In addition, there is a need to provide permanent and adequate electrical service to Ossabaw Island, a unique coastal barrier island owned by the State of Georgia which is in the custody of the Department of Natural Resources and which is also operated by the department's Wildlife Resources Division as a wildlife management area; (7) The department does not currently have sufficient funds available to acquire the new wildlife management area lands or to provide new special facilities for hunting and shooting by handicapped sportsmen and women or to provide permanent and adequate electrical service to Ossabaw Island; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Savannah being located in the 6th Georgia Militia District of Chatham County and containing approximately 12.13 acres as shown on a plat of survey prepared by Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, dated October 29, 1996, and on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

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(3) Said property is under the custody of the Department of Defense and is the location of the Air National Guard Armory for Chatham 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 Chatham County Board of Commissioners conveyed the above-described property to the state on February 6, 1956, for the consideration of $1.00; (6) The Chatham County Board of Commissioners is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; (7) Chatham County has agreed to construct a new armory facility for the Department of Defense at no expense to the state; and WHEREAS: (1) Pursuant to Resolution Act 56, H.R. 271, approved April 29, 1997 (Ga. L. 1997, p. 1250), the State of Georgia owns a reversionary interst in a certain parcel of real property located in Douglas County, Georgia; (2) Said real property, to which the State of Georgia owns a certain real property reversionary interest, is all that tract or parcel of land lying and being in original Land Lot 98 of the 2nd District, 5th Section of Douglas County and being two acres in the northwest corner of the tract described in the deed from C.F. McGouirk to L.A. Moody and J.C. Moody dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records; (3) Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00; (4) Said property was under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit; (5) The Georgia Forestry Commission has consolidated many of its functions throughout state; (6) Douglas County agreed to accept the responsibility of fire suppression in Douglas County; (7) Douglas County was desirous of obtaining the subject property in order to provide said services; (8) By resolution dated February 13, 1996, the Georgia Forestry Commission declared the subject property surplus to its needs; (9) Pursuant to said 1997 Resolution Act 56, H.R. 271, the State of Georgia executed a quitclaim deed conveying the subject property to

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Douglas County for a consideration of $1.00, so long as the property is used for public purposes; (10) Said quitclaim deed was delivered to Douglas County on or about January 7, 1997; (11) Douglas County has notified the State Properties Commission that the reversionary interest in the subject property may affect the ability of Douglas County to exchange the subject property for other property which Douglas County desires to acquire in order to locate a new fire station thereon; and WHEREAS : (1) The State of Georgia is the owner of certain real property located in Cobb County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 33 of Cobb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on Cobb County Department of Transportation right of way plans prepared by ICF Kaiser Engineers Group and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Cobb County desires to operate and maintain railroad crossings in, on, over, under, upon, across, or through a portion of said property; (4) These railroad crossings in, on, over, under, upon, across, or through the above-described state property have been requested of and approved by the State Properties Commission with respect to property under the jurisdiction of the commission; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 89 of the 14th District of Fulton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled Access Easement dated October 8, 1998 and prepared by V.T. Hammond, and on file in the offices of the State Properties Commission,

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and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The Board of Regents of the University System of Georgia desires to construct and maintain ingress and egress, in, on, over, under, upon, across, or through a portion of said property; (4) This ingress and egress in, on, over, under, upon, across, or through the above-described state property has been requested of and approved by the State Properties Commission and Department of Technical and Adult Education, with respect to property under the jurisdiction of their respective agencies; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hamilton County, Tennessee; (2) Said property is a portion of the Western and Atlantic Railroad right of way and may be within the bounds of those rights of way currently leased by the state to CSX Transportation; (3) The Norfolk Southern Corporation is the owner of railroad right of way adjoining said property; (4) Seaboard Farms Inc., a Georgia based company, adjoins the Norfolk Southern Corporation right of way and is desirous of expanding its facilities; (5) The Norfolk Southern Corporation has agreed to relocate its existing rail line to the state owned right of way in order to accommodate Seaboard Farms Inc. in its expansion; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 184 of the 13th Land District of Rabun County, Georgia, containing 4.071 acres and being more particularly shown as Tract 1 on a plat of survey by V.T. Hammond dated December 5, 1993, which said plat is recorded in Plat Book 34 at page 154 in the real property records of Rabun County, Georgia; (3) The said parcel is in the custody of the Department of Natural Resources and is held by the department's Division of Parks, Recreation, and Historic Sites as a part of Tallulah Falls State Park but is not operated as a part of the interpretation of the said park; and WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Baldwin County, Georgia;

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(2) Said real property is all that tract or parcel of land lying and being in the 1st Land District, 319th General Militia District of Baldwin County, and containing approximately 205 acres as shown on a plat of survey prepared by R. E. Ogletree, Georgia Registered Land Surveyor No. 902, dated December, 1970, and being on file in the offices of the State Properties Commission; (3) As authorized by Resolution Act 45, H.R. 77-212, approved April 13, 1971 (Ga. L. 1971, p. 820), said property was leased to the Milledgeville-Baldwin County Recreation Commission effective November 19, 1971, and said lease was assigned to Baldwin County effective January 24, 1994; (4) No provision was included in the above-stated lease agreement allowing for the harvesting of timber on the leased property; (5) Baldwin County is desirous of harvesting the timber on a portion of the leased property in order to make certain capital improvements to the property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia is the owner of the above-described real properties located in Douglas County and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property identified as Parcel B may be conveyed by appropriate instrument to Douglas County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That all or a portion of the above-described real property in Douglas County identified as Parcel D and the above-described real property separated from the main campus of the Douglas County Satellite Center of Carroll Technical Institute may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the

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best interests of the State of Georgia by the State Properties Commission or may be exchanged for property or properties of an equal value as determined to be in the best intersts of the State of Georgia as determined by the State Properties Commission; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 4 . That the authorization in this resolution to convey the above-described properties 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 deeds of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II SECTION 7 . That the State of Georgia is the owner of the above-described real property located in Hall 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 8 . That the above-described real property located in Hall County may be conveyed by appropriate instrument to the Hall County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, after the Department of Juvenile Justice declares the property surplus to its needs and vacates the site 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 above-described property shall be used solely for the purpose of housing a female work release program to be administered by the Hall County Sheriff's Department.

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SECTION 10 . That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective. SECTION 11 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 12 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 13 . That the State of Georgia is the owner of the above-described real property located in Tattnall 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 14 . That the above-described real property may be conveyed by appropriate instrument to Ron Bell by the State of Georgia, acting by and through the State Properties Commission, for the consideration of the fair market value thereof but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 15 . That the authorization in this resolution to convey the above-described property to Ron Bell shall expire three years after the date that this resolution becomes effective. SECTION 16 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE IV SECTION 18 . That the State of Georgia is the owner of the above-described improved real property located in Dougherty County and that, in all matters relating to the disposition by sale, lease, or exchange of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said disposition by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's above-referenced real property replacement needs and need to provide permanent and adequate electrical service to Ossabaw Island. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real property for considerations which enable the Department of Natural Resources to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the State Properties Commission may permit any cash consideration received from said dispositions to be retained by the Department of Natural Resources and applied by it to the acquisition, construction, and equipping of such replacement facilities and the provision of permanent and adequate electrical service to Ossabaw Island; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement and construction needs. SECTION 19 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Natural Resources, to dispose of by sale, lease, or exchange, the record title of the State of Georgia in and to the above-described real property located in Dougherty County, Georgia, for a monetary consideration of not less than the fair market value of said improved real property, subject to the Board of Natural Resources declaring such property to be surplus to the needs of the department, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources. SECTION 20 . That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 21 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 22 . That the deed of conveyance of the real property shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE V SECTION 23 . That the State of Georgia is the owner of the above-described real property located in Chatham 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 24 . That all or a portion of the above-described real property in Chatham County may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares all or a portion of the property surplus to its needs, for the 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 25 . That the authorization in this resolution to convey the above-described property to Chatham County shall expire five years after the date that this resolution becomes effective. SECTION 26 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 27 . 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 VI SECTION 28 . That the State of Georgia is the owner of certain reversionary interests in the above-described real property located in Douglas County and that in all matters relating to the conveyance of the real property reversionary interests the State of Georgia is acting by and through its State Properties Commission.

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SECTION 29 . That the above-described real property reversionary interest to property located in Douglas County may be conveyed by appropriate instrument to Douglas County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of Douglas County's acceptance of the responsibility of suppression of forest, grass, and wood fires in Douglas County after March 1, 1996, pursuant to an agreement between the Georgia Forestry Commission and the Douglas County Board of Commissioners dated February 6, 1996, and for the additional consideration of Douglas County's forgiving of annual payments made to the county by the Georgia Forestry Commission for the defraying of certain costs associated with said fire suppression responsibility in an amount equal to the fair market value of the improvements made to the property by the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 30 . That the authorization in this resolution to convey the above-described real property reversionary interest to Douglas County shall expire three years after the date that this resolution becomes effective. SECTION 31 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 32 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE VII SECTION 33 . That the State of Georgia is the owner of the above-described real property in Cobb County and that the property is in the custody of the State Properties Commission, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 34 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad crossing in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining,

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repairing, replacing, inspecting, and operating a railroad crossing together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes; provided, however, that the State of Georgia's lessee to the above-described property, CSX Transportation Inc., shall first approve of the granting of the easement prior to its conveyance. SECTION 35 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said railroad crossing. SECTION 36 . That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said railroad crossing. SECTION 37 . That, after Cobb County has put into use the railroad crossing for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 38 . That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County. SECTION 39 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and

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expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 40 . That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 41 . That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia. SECTION 42 . That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 43 . That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective. SECTION 44 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 45 . That the State of Georgia is the owner of the above-described real property in Fulton County and that the property is in the custody of the Georgia Department of Technical and Adult Education, hereinafter referred to as

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the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 46 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University System of Georgia, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. SECTION 47 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress. SECTION 48 . That the Board of Regents of the University System of Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress. SECTION 49 . That, after the Board of Regents of the University System of Georgia has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the board of regents, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 50 . That no title shall be conveyed to the Board of Regents of the University System of Georgia, and, except as herein specifically granted to the board of regents, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the board of regents.

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SECTION 51 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Board of Regents of the University System of Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the board of regents. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 52 . That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 53 . That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia. SECTION 54 . That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 55 . That the authorization in this resolution to grant the above-described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution becomes effective.

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SECTION 56 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 57 . That the State of Georgia is the owner of the hereinafter described real property located in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 58 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Norfolk Southern Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad siding in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a railroad siding together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is represented on Western and Atlantic Railroad valuation map V4/S1A and is more particularly described as follows: That portion and that portion only as shown in green on a preliminary drawing prepared by Norfolk Southern Railway dated February 9, 1999, being drawing no. TD-1999-10 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 59 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said railroad siding. SECTION 60 . That CSX Transportation shall surrender its leasehold interest, if any, to the State of Georgia prior to the granting of the subject easement to the Norfolk Southern Corporation.

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SECTION 61 . That the Norfolk Southern Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said railroad siding. SECTION 62 . That, after the Norfolk Southern Corporation has put into use the railroad siding for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Norfolk Southern Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 63 . That no title shall be conveyed to the Norfolk Southern Corporation and, except as herein specifically granted to the Norfolk Southern Corporation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Norfolk Southern Corporation. SECTION 64 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Norfolk Southern Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Norfolk Southern Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the expenses for the removal and relocation are paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.

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SECTION 65 . That the easement granted to the Norfolk Southern Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 66 . That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 67 . That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 68 . That the authorization in this resolution to grant the above-described easement to the Norfolk Southern Corporation shall expire three years after the date that this resolution becomes effective. SECTION 69 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 70 . That the State of Georgia is the owner of the above-described improved real property located in Land Lot 184 of the 13th Land District of Rabun County and that, in all matters relating to the long-term leasing of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said long-term leasing, the State Properties Commission shall act for the benefit of the Department of Natural Resources. SECTION 71 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Natural Resources and subject to the Board of Natural Resources

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requesting such action, to enter into a long-term lease of the above-described real property located in Land Lot 184 of the 13th Land District of Rabun County, Georgia, with a lessee or lessees selected by a competitive bid process for an initial term not to exceed 30 years with no more than two additional ten-year renewal terms with the State Properties Commission retaining the right to reject any and all bids and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources. In its handling of said lease, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's needs with regard to Tallulah Falls State Park. Without limiting the foregoing, the State Properties Commission may remit any cash consideration received from said lease to the Department of Natural Resources and such shall be applied by the Department of Natural Resources to the acquisition, maintenance, repair, and equipping of real property, improvements, and facilities located at or on Tallulah Falls State Park. SECTION 72 . That the authorization in this resolution to lease the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 73 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 74 . That the lease of the real property or a memorandum for recordation thereof shall be recorded by the lessee or lessees in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE XI SECTION 75 . That the State of Georgia is the owner of the above-described leased real property located in Baldwin County and that in all matters relating to the terms and conditions of said lease the State of Georgia is acting by and through its State Properties Commission. SECTION 76 . That the above-described lease agreement between the State of Georgia and Baldwin County dated November 19, 1971, may be amended to provide:

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It is expressly understood and agreed that any cutting of trees or forest area or alteration of any natural resources now located on the premises shall first be approved in writing by the Georgia Forestry Commission. Lessee will submit to the Georgia Forestry Commission any plans that would affect any of the above-mentioned alterations. Within 14 days following the receipt by the Georgia Forestry Commission of such plans, the Georgia Forestry Commission, acting by and through its director or his or her designated representative, shall reasonably determine whether such plans might adversely affect the premises and shall notify lessee (1) of its objections, if any, to the plan; or (2) that it has no objection to such plans. Upon receipt of such notification containing any Georgia Forestry Commission's objections and following any appropriate discussion in good faith between the parties, lessee shall modify or revise such proposed plans as may be necessary to eliminate any remaining objections of the Georgia Forestry Commission. Lessor shall be sent copies of all the above correspondence by lessee. It is also agreed and understood that the Georgia Forestry Commission will be responsible for selling any timber or natural resources removed from the premises and that any money derived from the sale of any such timber or natural resources shall be used by Baldwin County solely for the capital outlay and improvement of the recreational facilities located or to be located on the premises. Any cost of reforesting will be assumed by lessee if such is required for good forestry management and does not interfere with the approved park development. SECTION 77 . That the authorization in this resolution to amend the lease agreement shall expire three years after the date that this resolution becomes effective. SECTION 78 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such amendment. SECTION 79 . That the amendment to the lease shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE XII SECTION 80 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999.

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MS. BERNICE D. HARRIS ON BEHALF OF MS. PEGGY SUE HARRISCOMPENSATION. No. 16 (House Resolution No. 200). A RESOLUTION Compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris; and for other purposes. WHEREAS, on December 18, 1996, Peggy Sue Harris, the daughter of Ms. Bernice Harris, was placed at the Marietta Regional Youth Development Center after failing her placement at the Phoenix Institute; and WHEREAS, while Peggy Sue Harris was at the Marietta Regional Development Center, a staff person with the Phoenix Institute brought two bags of clothes, jewelry, and other personal items belonging to Peggy Sue Harris to the development center; and WHEREAS, on December 31, 1996, Peggy Sue Harris was transferred by the Transportation Unit of the Department of Juvenile Justice to the Albany Regional Development Center. The clothes, jewelry, and other personal belongings of Peggy Sue Harris were not sent with her because the Transportation Unit will not transport a client's belongings; and WHEREAS, the clothes, jewelry, and other personal belongings of Peggy Sue Harris were never sent to the Albany Regional Youth Development Center and have never been located; and WHEREAS, the value of Peggy Sue Harri's property was $750.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Harris or her daughter, and it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Juvenile Justice is authorized and directed to pay the sum of $750.00 to Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris, as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Juvenile Justice and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999.

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STATE PROPERTYCONVEYANCES TO BALDWIN COUNTY, CITY OF WARM SPRINGS, AND SUMTER COUNTY; ASSIGNMENT OF LEASEHOLD INTEREST BY CURRAHEE PAGING TO PINNACLE TOWERS, INC. No. 17 (House Resolution No. 204). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia; authorizing the assignment of leasehold interest of certain state owned real property located in Rabun County, Georgia; authorizing the conveyance of a reversionary interest in certain state owned real property located in Sumter County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia may have a property interest in a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 320th Georgia Militia District of Baldwin County and being located in the City of Milledgeville, Georgia, and containing approximately 1.20 acres as shown on a plat of survey prepared by Edwin L. Thompson, Georgia Registered Land Surveyor No. 1759, dated November 7, 1998, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Old Baldwin County Courthouse which was built in 1822; (4) Baldwin County has reached an agreement with the Board of Regents of the University System of Georgia to exchange the above-described real property for real property of equal value owned by the board of regents; (5) As a product of this exchange, a title search has been conducted on the above-described property and it has been determined that the 1808 Georgia General Assembly authorized the construction of the Baldwin County Courthouse on the subject property; however, conveyance of title to the property has never been authorized by the General Assembly; (6) By letter, dated November 3, 1998, the Board of Commissioners of Baldwin County requested that conveyance of title to the above-described property be authorized by the 1999 General Assembly; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lots 121, 122, 135, and 136 of the 2nd Land District of Meriwether County and being located in the City of Warm Springs, Georgia, and containing approximately 111.6 acres as shown on a plat of survey prepared by Randall W. Dixon, Georgia Registered Land Surveyor No. 1678, dated June 6, 1998, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said real property is in the custody of the Department of Human Resources at its Roosevelt Warm Springs Institute of Rehabilitation facility; (4) The Department of Human Resources has a long-term agreement with the City of Warm Springs, Meriwether County, to buy wastewater treatment services from the city; (5) The Roosevelt Warm Springs Institute for Rehabilitation is the single largest wastewater source for the existing sewerage treatment plant, accounting for over 50 percent of the total flow; (6) The Environmental Protection Division of the Department of Natural Resources has found major problems with the existing sewer treatment plant and it has been determined by the City of Warm Springs, Meriwether County, that a new sewerage treatment plant should be constructed; (7) The City of Warm Springs, Meriwether County, is desirous of acquiring the above-described state owned property for the purposes of constructing a new sewerage treatment plant; (8) The Board of Human Resources, by resolution dated August 19, 1998, recommended conveyance of the above-described property to the City of Warm Springs, Meriwether County, for the above-stated purposes; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 66 of the 2nd Land District of Rabun County and containing approximately 830 square feet as shown on a plat of survey prepared by William H. Rolader, Georgia Registered Land Surveyor

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No. 2042, dated April 29, 1995, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said real property is currently leased to Currahee Paging, as authorized pursuant to a resolution of the General Assembly, Resolution Act 97, H.R. 946, approved April 15, 1996 (Ga. L. 1996, p. 1485), and is the site of a communications tower; (4) Currahee Paging is desirous of selling its interest in the above-described tower site to Pinnacle Towers Inc.; (5) The 1996 lease authorized pursuant to a resolution of the General Assembly, Resolution Act 97, H.R. 946, approved April 15, 1996 (Ga. L. 1996, p. 1485), does not provide for assignment of the lessee's leasehold interest in the above-described real property; and WHEREAS: (1) The State of Georgia is the owner of a reversionary interest in a certain parcel of real property located in Sumter County, Georgia; (2) Said real property, to which the State of Georgia retains certain real property reversionary interest is all that tract or parcel of land lying and being in Land Lot 184 of the 27th District of Sumter County and containing approximately 15 acres as shown on a plat of survey prepared by James R. Littlefield, Georgia Registered Land Surveyor No. 1304, dated August 7, 1967, and on file in the offices of the State Properties Commission; (3) The above-described real property was conveyed by the State of Georgia to the Sumter County Board of Commissioners on September 11, 1984, as authorized by a resolution of the General Assembly, Resolution Act 59, H.R. 590, approved March 28, 1984 (Ga. L. 1984, p. 737); (4) Pursuant to said Resolution Act 59, H. R. 590, approved March 28, 1984 (Ga. L. 1984, p. 737), the deed of conveyance to the real property contained a reversionary provision which provided that for a period of 20 years, if Sumter County should dispose of all or a portion of the real property to a private individual or entity that the State Properties Commission must first approve of the conditions of the disposition and that all monetary consideration, less incurred expenses, must be remitted to the state; (5) Sumter County has made improvements to the real property and has invested substantial county revenues in the real property's maintenance; (6) The Sumter County Board of Commissioners is desirous of acquiring the State of Georgia's reversionary interest in the real property.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia may have a property interest in the above-described real property located in Baldwin county and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property interest, if any, may be conveyed by appropriate instrument to Baldwin County by the State of Georgia, acting by and through the State Properties Commission for the consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described real property to Baldwin County shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin 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 Meriwether 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 7 . That the above-described real property may be conveyed by appropriate instrument to the City of Warm Springs, Meriwether County, by the State of Georgia, acting by and through the State Properties Commission for the consideration of $10.00 so long as the property is used for public purposes

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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 authorization in this resolution to convey the above-described real property to the City of Warm Springs, Meriwether County, shall expire three years after the date that this resolution becomes effective. SECTION 9 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 10 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 11 . That the State of Georgia is the owner of the above-described real property located in Rabun County and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 12 . That the leasehold interest of the above-described real property may be assigned by Currahee Paging by appropriate instrument to Pinnacle Towers Inc. with the approval of the State Properties Commission 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 13 . That the authorization in this resolution to assign the leasehold interest of the above-described real property to Pinnacle Towers Inc. shall expire three years after the date that this resolution becomes effective. SECTION 14 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such assignment. SECTION 15 . That the assignment of the leasehold interest shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded [Illegible Text] the State Properties Commission.

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ARTICLE IV SECTION 16 . That the State of Georgia is the owner of certain reversionary interests in the above-described real property and, that in all matters relating to the conveyance of the reversionary interests in the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 17 . That the above-described reversionary interest in the real property in Sumter County may be conveyed by appropriate instrument to the Sumter County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for the consideration of the improvements and substantial Sumter County investment in the 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 18 . That the authorization in this resolution to convey the above-described reversionary interest in the real property to the Sumter County Board of Commissioners shall expire three years after the date that this resolution becomes effective. SECTION 19 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 20 . That the deed of conveyance of the reversionary interest in real property shall be recorded by the grantee in the Superior Court of Sumter County and a recorded copy shall be forwarded to the State Properties Commission. ARTCILE V SECTION 21 . All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1999. THUNDER ROAD USA-GEORGIA RACING HALL OF FAMEPROCLAIMED OFFICIAL GEORGIA RACING HALL OF FAME. No. 18 (House Resolution No. 207). A RESOLUTION Proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame; and for other purposes.

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WHEREAS, the Thunder Road USA-Georgia Racing Hall of Fame will be 50,000 square feet of one of a kind artifacts, immersive theaters, state of the art interactive exhibits, and top quality food and retail items set in a park-like setting on 44 acres in downtown Dawsonville, Georgia; and WHEREAS, a special groundbreaking for this $15 million motorsports attraction was held in September; and WHEREAS, the attraction is a long overdue commemoration of the men and women who define racing in Georgia and much of the world; and WHEREAS, the Thunder Road USA-Georgia Racing Hall of Fame will open in the summer of 2000 and is expected to draw over 200,000 visitors annually; and WHEREAS, the facility will have leading edge technology and racing simulation attractions, extensive hall of fame exhibitry and an on-line resource center, cars, engines, and other automotive displays; and WHEREAS, the facility will also have a theater like a vintage drive-in and a fantastic children's play area utilizing scaled-down props of cars and gear involving the sport of automobile racing; and WHEREAS, Thunder Road USA-Georgia Racing Hall of Fame has begun a local campaign for contributions to support the project entitled DawsonvilleStart Your Engines. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the Thunder Road USA-Georgia Racing Hall of Fame located in Dawsonville, Georgia, is designated as the official Georgia Racing Hall of Fame. SECTION 2 . That the Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the state of the art racing hall of fame and to visit the State of Georgia for tourism purposes. SECTION 3 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999.

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VETERANS MEMORIAL WAYDESIGNATED. No. 19 (House Resolution No. 208). A RESOLUTION Designating the Veterans Memorial Way; and for other purposes. WHEREAS, veterans of the national military and naval services have a long and distinguished record of accomplishments achieved during periods of war and peace; and WHEREAS, the exceptional leadership, courage, and commitment demonstrated by the veteran members of the armed forces of the United States have created a proud and noble professional heritage; and WHEREAS, throughout the history of the United States veterans have demonstrated an extraordinary devotion to duty and love for country, and their dedication, valor, and heroism exemplify the highest standards of personal conduct and career service; and WHEREAS, it is abundantly fitting and proper that the many veterans of Stephens County who have contributed so much to the welfare of the citizens of their community, state, and nation be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of the Toccoa By-pass from Highway 123 and Highway 184 to Highway 17 in Stephens County be designated the Veterans Memorial Way. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Way. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to send an appropriate copy of this resolution to the Veterans of Foreign Wars Post in Stephens County. Approved April 28, 1999. RUBERT HOGAN BRIDGE AND RAYMOND LESTER BRIDGEDESIGNATED. No. 20 (House Resolution No. 209). A RESOLUTION Designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the Rubert Hogan Bridge; designating the bridge on U.S. 278 Business at Euharlee Creek in Rockmart, Georgia, as the Raymond Lester Bridge; and for other purposes.

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PART 1 WHEREAS, Rubert Leonard Hogan was born in Dexter, Laurens County, Georgia, on July 2, 1903, and devoted his life to serving the needs of that area. Mr. Hogan passed away in 1964 having made his community a better place; and WHEREAS, Rubert Hogan was president of the Bank of Dudley, formed his own insurance agency, and owned hardware and lumber businesses. His energy and visionary zeal led him to embrace so many interests and thereby benefited his neighbors and fellow citizens; and WHEREAS, Rubert Hogan also promoted Georgia's agricultural excellence with his own private farming interests as president of the Laurens County Farm Bureau and as a member of various other civic and professional organizations; and WHEREAS, in addition, Mr. Hogan served as a member of the Georgia House of Representatives from 1935-1936 and 1955-1958, ably representing the people of Laurens County; and WHEREAS, a prominent banker and a civic booster, Mr. Hogan was an asset to his hometown who set about realizing his vision of steady growth for his community through judicious and generous use of his banking resources; and WHEREAS, Mr. Hogan was also instrumental in starting Oconee EMC, served on the hospital authority and the Small Business Advisory Council and was an active and beloved member of the Dudley Baptist Church; and WHEREAS, Mr. Hogan was a devoted husband to his wife Gladys, a wonderful father to two daughters, Barbara and Betty, and a proud grandfather; and WHEREAS, given his many contributions to the growth and prosperity of Laurens County and its citizens, it is only fitting and proper that Rubert Hogan be honored by so naming the bridge on State Highway 338 at Rocky Creek. PART 2 WHEREAS, Raymond Lester is a family man who along with his wife Nell raised three wonderful children and who found time to contribute to the betterment of his community through developing a prosperous grocery business which employs many people and through generous civic involvement; and WHEREAS, a prominent businessman and a civic booster, Mr. Lester is an asset to his community, an active Kiwanis Club member, and a proud and devoted member of First Baptist Church; and WHEREAS, given his many contributions to the growth and prosperity of Rockmart and its citizens and his kind heart, it is only fitting and proper

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that Raymond Lester be honored by so naming the bridge on U.S. 278 Business at Euharlee Creek in Rockmart. PART 3 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Highway 338 at Rocky Creek is designated the Rubert Hogan Bridge in honor of the many contributions made by Mr. Hogan to Laurens County and to our great state, and that the bridge on U.S. 278 Business at Euharlee Creek in Rockmart, Georgia, is designated the Raymond Lester Bridge in honor of the many contributions made by Mr. Lester to his community and to our great state. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridges. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Rubert Hogan, to Raymond Lester, and to the Department of Transportation. Approved April 28, 1999. WILLIAM LOVEL LANIER, SR., HIGHWAY, DEWEY PENDLEY BRIDGE, AND JONDELLE JOHNSON DRIVEDESIGNATED. No. 21 (House Resolution No. 214). A RESOLUTION Designating a portion of State Highway 121 as the William Lovel Lanier, Sr., Highway; designating the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, as the Dewey Pendley Bridge; designating the Jondelle Johnson Drive; and for other purposes. PART 1 WHEREAS, William Lovel Lanier, Sr., was born in 1927 in Metter, Candler County, Georgia. During his lifetime, he has excelled at being a farmer, poultryman, teacher, state legislator, administrator, U.S.D.A. executive, and conservationist. Now retired from some of these jobs, and also a retired Navy veteran of World War II, he enjoys his family, his church, and his community; and WHEREAS, Mr. Lanier is truly a renaissance man, whose contributions to the people of this state and particularly to the farming community can never be fully catalogued; and WHEREAS, as a member of the General Assembly for 12 years, Mr. Lanier was instrumental in the passage of many needed farm and consumer

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protection bills. He held many leadership positions and never faced an incumbent; the people of his district knew excellence when they saw it; and WHEREAS, Mr. Lanier has always shown strong and respected leadership and a great love for his community and his state in all he did, and his work contributed to so much, including the creation of Georgia Highway 121, a crucial farm to market route; and WHEREAS, his years of public service leave a wonderful legacy for the people of southeast Georgia; and WHEREAS, given his many contributions, it is only fitting and proper that William Lovel Lanier, Sr., be honored by so naming the portion of State Highway 121 that runs through that portion of Candler County described herein. PART 2 WHEREAS, Dewey Pendley is a family man who along with his wife Louise raised two wonderful children and who found time to contribute to the betterment of his community through a generous life of public service; and WHEREAS, Mr. Pendley was mayor of Hiram for 21 years and a city councilman for several years before that. He has a talent for managing people and discovering new solutions to old problems, and as mayor he used his talents to propel Hiram in new directions; and WHEREAS, Mr. Pendley oversaw the development of the Hiram City Civic Complex and numerous recreational facilities, raising the quality of life for all citizens of Hiram; and WHEREAS, given his dedication to public service and his many contributions to the growth and prosperity of Hiram and its citizens and his kind heart, it is only fitting and proper that Dewey Pendley be honored by so naming the bridge on Georgia Highway 92 at Grays Mill Creek. PART 3 WHEREAS, Jondelle Harris Johnson was a wife, mother, writer, educator, and a political and civil rights leader; and WHEREAS, for more than 30 years she was a moving force in the Atlanta community; and WHEREAS, it is only fitting and proper than Jondelle Harris Johnson be appropriately recognized by the State of Georgia for her unsurpassed service. PART 4 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 121 which starts at the northern city limits of Metter in Candler County, Georgia, and travels

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north to the Candler County line shall be designated the William Lovel Lanier, Sr., Highway in honor of the many contributions made by Mr. Lanier to that area of our great state, and that the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, is designated the Dewey Pendley Bridge in honor of the many contributions Mr. Pendley made to his community and to our great state, and that portion of SR 3 (US 41/US 19) also known as Northside Drive extending 2.7 miles from Bankhead Highway to Ralph David Abernathy Blvd. in the City of Atlanta as the Jondelle Johnson Drive. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway and bridge and drive. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of William Lovel Lanier, Sr., to Dewey Pendley, to the family of Jondelle Harris Johnson, and to the Department of Transportation. Approved April 28, 1999. CAPTAIN ROBBIE BISHOP MEMORIAL HIGHWAYDESIGNATED. No. 22 (House Resolution No. 261). A RESOLUTION Designating a portion of State Highway 61 as the Captain Robbie Bishop Memorial Highway; and for other purposes. WHEREAS, Robbie Bishop, a captain with the City of Villa Rica Police Department, was killed in the line of duty on January 20, 1999; and WHEREAS, Captain Bishop began his law enforcement career with the Murray County Sheriff's Office in Chatsworth, Georgia, where he served with great dedication from 1985-1989; and WHEREAS, a true warrior in the fight against drugs, Captain Bishop was the most successful drug interdiction official in Georgia, holding every record in the state for drug seizures on highways; and WHEREAS, he was so adept at interdicting drug shipments that he made training videos and taught at other agencies across the country; and WHEREAS, Captain Bishop consistently demonstrated the highest professional standards in conducting his official duties and served as a model of professional integrity to his fellow law enforcement personnel; and WHEREAS, he was a loving and devoted husband to his wife, Lisa, and a wonderful, loving father to his daughter Lauren Ashley, age four, and his

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son Cody Scott, age nine, and he will be sorely missed by his family and friends. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body honors the memory of Captain Robbie Bishop and expresses its grateful appreciation for his courageous and selfless service to his community and state and deepest sympathy to his family upon the passing of this distinguished Georgian. BE IT FURTHER RESOLVED that the portion of State Highway 61 running from the city limits of the City of Villa Rica to the city limits of the City of Dallas is designated as the Captain Robbie Bishop Memorial Highway, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Mrs. Lisa Bishop and the Department of Transportation. Approved April 28, 1999. JEAN ANDERSON INTERSECTIONDESIGNATED. No. 23 (House Resolution No. 267). A RESOLUTION Designating the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County as the Jean Anderson Intersection; and for other purposes. WHEREAS, Mr. Bud Anderson and his wife, Mrs. Jean Anderson, operated a business at the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County for many years; and WHEREAS, during their careers they witnessed many accidents and near accidents at this intersection; and WHEREAS, in 1998 they witnessed a head-on accident in which a baby buckled in a car seat was thrown 88 feet from the rear window of a car, landed upside down in a briar patch, and received only a few minor scratches; and WHEREAS, as a result of this accident and the many accidents which preceded it, Mr. and Mrs. Anderson began a petition drive seeking to have a traffic light placed at this intersection and within a few days had accumulated over 600 signatures; and WHEREAS, the Georgia Department of Transportation responded in an expeditious manner in improving this intersection and placing a traffic light to enhance the safety of the motoring public; and

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WHEREAS, this major improvement might not have occurred but for the efforts of Mr. and Mrs. Anderson, and it is only fitting and proper that their role in serving the citizens of Lumpkin County and the State of Georgia be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County is hereby designated as the Jean Anderson Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers designating the Jean Anderson Intersection. BE IT FURTHER RESOLVED that the Clerk of the House of representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to Mr. and Mrs. Anderson. Approved April 28, 1999. MR. MOHAMMED ASHRAFCOMPENSATION. No. 24 (House Resolution No. 304). A RESOLUTION Compensating Mr. Mohammed Ashraf; and for other purposes. WHEREAS, Mr. Mohammed Ashraf is an employee of the Hancock State Prison located in Sparta, Georgia; and WHEREAS, on October 5, 1998, Mr. Ashraf parked his 1991 Ford Aerostar Minivan in the employees' parking lot; and WHEREAS, on the same day, a window of Mr. Ashraf's motor vehicle was broken by a rock propelled from a weedeater that was being operated to cut grass at such prison; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Ashraf, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1,139.50 to Mr. Mohammed Ashraf as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999.

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NEIL JORDAN HOLTON HAZARDOUS MATERIALS TRAINING FACILITYDESIGNATED. No. 25 (House Resolution No. 325). A RESOLUTION Designating the Georgia Emergency Management Agency hazardous materials training facility at the Georgia Public Safety Training Center in Forsyth, Georgia, as the Neil Jordan Holton Hazardous Materials Training Facility; and for other purposes. WHEREAS, Neil Jordan Holton served with honor and distinction as an Area Coordinator and State Training Officer for the Georgia Emergency Management Agency, and he performed the duties and responsibilities of those positions with the utmost integrity and skill; and WHEREAS, as the Georgia Emergency Management Agency's coordinator in Area Four, which encompasses 26 west-central Georgia counties, and chief training officer who opened the Georgia Emergency Management Agency's Training Office at the Georgia Public Safety Training Center in 1993, his respect for the emergency management system in this state and the high standards he expected of his peers and staff contributed significantly to the public safety provided to the state; and WHEREAS, he demonstrated a deep sense of dedication to his emergency management career, and his exemplary commitment to emergency preparedness training served as a model for public safety professionals throughout the state; and WHEREAS, the citizens of his community and local and state government officials remember well the extraordinary leadership and steadfast devotion of Neil Jordan Holton, and it is abundantly fitting that the Georgia Emergency Management Agency hazardous materials training facility at the Georgia Public Safety Training Center in Forsyth be named in honor of him. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the director of the Georgia Public Safety Training Center is authorized and directed to designate the new hazardous materials training facility in Forsyth, Georgia, as the Neil Jordan Holton Hazardous Materials Training Facility and to affix an appropriate plaque at the entrance of the building for such purpose. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. Neil Jordan Holton and to the directors of the Georgia Public Safety Training Center and the Georgia Emergency Management Agency. Approved April 28, 1999.

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FRANK EARL STANCIL, SR., INTERCHANGEDESIGNATED. No. 26 (House Resolution No. 334). A RESOLUTION Designating the interchange on the Watkinsville Bypass at State Route 53 as the Frank Earl Stancil Sr. Interchange; and for other purposes. WHEREAS, Frank Earl Stancil, Sr., is a former state representative, a veteran of World War II, a community leader, an avid volunteer, and a gentleman and a scholar; and WHEREAS, in all he did for the people of Georgia, Frank Stancil exhibited such kindness, intelligence, humanity, and integrity that he was a delight to know; and WHEREAS, given his many contributions and the desire of this body to find a concrete expression for their gratitude, it is only fitting and proper that Frank Earl Stancil, Sr., be honored by so naming the interchange on the Watkinsville Bypass at State Route 53. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange on the Watkinsville Bypass at State Route 53 is designated the Frank Earl Stancil Sr. Interchange in honor of the many contributions made by Mr. Stancil to Oconee County and to our great state. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the interchange. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Frank Earl Stancil, Sr., and to the Department of Transportation. Approved April 28, 1999. MR. THOMAS KINGCOMPENSATION. No. 27 (House Resolution No. 364). A RESOLUTION Compensating Mr. Thomas King; and for other purposes. WHEREAS, Mr. Thomas King is an employee of Scott State Prison located in Hardwick, Georgia; and WHEREAS, Mr. King works with the canine detail and, on May 16, 1997, he parked his 1992 Toyota truck in the parking area next to the kennels; and

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WHEREAS, upon returning to such prison from a detail in Morgan County, Mr. King discovered that his truck had been damaged on the driver's side door; and WHEREAS, on the same day, a detail of inmates was cutting grass at Scott State Prison; and WHEREAS, since there does not appear to be any other cause for such damage to Mr. King's vehicle, it can reasonably be concluded that such damage was caused by a rock or other object propelled from a lawn mower when the grass was being cut; and WHEREAS, Mr. King suffered unreimbursed property damage to his vehicle totalling $500.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. King, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Mr. Thomas King as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. MR. HUGH KELLEY RICKENBAKER, IIICOMPENSATION. No. 28 (House Resolution No. 365). A RESOLUTION Compensating Mr. Hugh Kelley Rickenbaker, III; and for other purposes. WHEREAS, in 1984, Mr. Hugh Kelley Rickenbaker, III and Debi Schneider began caring for Rhiana Schneider, who was Debi Schneider's niece, as a result of personal problems encountered by Rhiana's mother; and WHEREAS, Mr. Rickenbaker and Ms. Schneider were married in 1987, and they continued to care for Rhiana Schneider until September 15, 1992; and WHEREAS, Rhiana began having psychological problems and the Rickenbakers exhausted their funds and insurance paying for extensive outpatient psychiatric treatment; and WHEREAS, on September 15, 1992, Rhiana was admitted to Georgia Regional Hospital in the Adolescent Unit where she stayed for over a year; and

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WHEREAS, the Department of Human Resources sued Mr. and Mrs. Rickenbaker for the money owed for Rhiana's care, and a judgment was obtained against the Rickenbakers on June 20, 1995, for the amount of $25,158.05; and WHEREAS, the Rickenbakers have paid the state over $13,605.81, primarily through the garnishment of Mr. Rickenbaker's salary, but interest continues to accrue on the amount due; and WHEREAS, it is Mr. Rickenbaker's position that since neither he nor his wife ever adopted Rhiana nor were made her permanent guardians, the expense of Rhiana's care in the state facility should be borne by the state and not his family; and WHEREAS, Mr. Rickenbaker has suffered monetary property losses totalling $34,891.24; and WHEREAS, such losses occurred through no fault or negligence on the part of Mr. Rickenbaker, and it is only fitting and proper that he be compensated for his losses. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $34,891.24 to Mr. Hugh Kelley Rickenbaker, III as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Human Resources and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 28, 1999. WILLIAM P. PONDER MEMORIAL BRIDGEDESIGNATED. No. 29 (House Resolution No. 379). A RESOLUTION Designating the William P. Ponder Memorial Bridge; and for other purposes. WHEREAS, William P. Ponder was born in Greene County, Georgia, lived from early childhood in Morgan County, Georgia, and attended the Georgia Institute of Technology; and WHEREAS, he served capably as Resident Engineer for the Georgia Department of Transportation during the construction of numerous county and state highways in Morgan County and as Senior Engineer during the construction of Interstate Highway 20 from DeKalb County to Warren County; and WHEREAS, he served for many years as County Surveyor for Morgan County and provided exemplary services to the county, including the

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layout and construction of Legion Field at the Morgan County High School and surveying work on numerous county roads and bridges; and WHEREAS, he aided the development of young men while serving as an Assistant Scoutmaster of Boy Scout Troop #91 in Morgan County; and WHEREAS, he was the devoted husband of Mrs. Frances V. Ponder and father of Martha Ponder Thurmond; and WHEREAS, he will be missed by his many friends in Morgan County; and WHEREAS, it is only fitting and proper that this distinguished Georgian and faithful public servant to the people of Morgan County be properly remembered by the citizens of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on U.S. Highway 441 over Hard Labor Creek in Morgan County is designated the William P. Ponder Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating such bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of William P. Ponder. Approved April 28, 1999. GEORGIA MUSEUM OF NATURAL HISTORYMUSEUM OF NATURAL HISTORY AT THE UNIVERSITY OF GEORGIA DESIGNATED. No. 30 (House Resolution No. 412). A RESOLUTION Designating the Museum of Natural History at the University of Georgia as the State Museum of Natural History, to be known as the Georgia Museum of Natural History; and for other purposes. WHEREAS, for over 100 years, faculty, staff, and students at the University of Georgia have contributed to the State of Georgia by acquiring, collecting, preserving, studying, interpreting, and displaying archaeological, ethnographic, biological, paleontological, and geological collections and documents in natural history for the benefit of the citizens of Georgia and visitors to the state; and WHEREAS, the Museum of Natural History has as its primary mission to collect and preserve evidence of the cultural and natural heritage of Georgia and beyond, to encourage scholarship and service relating to the

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collections, to foster stewardship of the natural history of the people of Georgia, and to instruct people in their cultural and natural heritage; and WHEREAS, the collections of the museum include over 4.5 million natural history objects and related data which are a great treasure for all Georgians; and WHEREAS, the museum annually responds to over 3,000 requests for loans, information, identifications, and other technical services from local, state, and federal agencies, as well as from private organizations and members of the general public; and WHEREAS, the museum's educational programs reach more than one million visitors each year from Georgia, the United States, and elsewhere by means of the museum's web pages alone; and WHEREAS, it is appropriate that the achievements and importance of the collections and data represented by the museum and the significance of this institution to the State of Georgia and to all Georgians be recognized and declared by the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Museum of Natural History at the University of Georgia is designated the State Museum of Natural History, to be known as the Georgia Museum of Natural History. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the director of the Museum of Natural History at the University of Georgia. Approved April 28, 1999. L.C. SHOT STRANGE HIGHWAYDESIGNATED. No. 31 (House Resolution No. 416). A RESOLUTION Designating the L.C. Shot Strange Highway; and for other purposes. WHEREAS, L.C. Shot Strange is well known to the citizens of Emanuel County, Georgia, where he has significantly contributed to improvements in the quality of life; and WHEREAS, he has had a long and distinguished career in law enforcement having been a Chief Deputy in the Sheriff's Department from 1961 to 1968 and an officer with the Georgia Department of Corrections from 1968 to 1992; and WHEREAS, he has given his time, talent, and energy to numerous civic organizations including the Georgia Farm Bureau, American Legion,

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Veterans of Foreign Wars, Swainsboro Exchange Club, and the Emanuel County Agribusiness Council; and WHEREAS, he has also been a successful farmer and timber producer, and his generous gift of his leadership has enabled Emanuel County to improve opportunities for its citizens and their families; and WHEREAS, he was instrumental in generating support for the U.S. Highway 1 project which four-laned a major transportation corridor in Emanuel County, and his diligent efforts and dedicated leadership merit proper recognition and honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate that portion of U.S. Highway 1 from its intersection at I-16 to the Toombs County line as the L.C. Shot Strange Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to L.C. Shot Strange and to the Commissioner of Transportation. Approved April 28, 1999. FISHER BARFOOT HIGHWAY, CHARLES DURST MEMORIAL HIGHWAY, FOSTER FAMILY BRIDGE, AL HOLLOWAY INTERCHANGE, AND OFFICIAL STATE TRANSPORTATION HISTORY MUSEUMDESIGNATED. No. 32 (House Resolution No. 437). A RESOLUTION Designating Highway 130 as the Fisher Barfoot Highway; designating the Charles Durst Memorial Highway; designating a certain bridge in the City of Dallas as the Foster Family Bridge; designating the Al Holloway Interchange; designating the official state transportation history museum; and for other purposes. WHEREAS, Fisher Barfoot was elected State Representative in 1988, where he served with distinction in the General Assembly for ten years, representing Toombs, Montgomery, and Wheeler counties; and WHEREAS, Fisher Barfoot was named Vidalia Citizen of the Year in 1989 for his longtime contributions to that city as a member of the First Baptist

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Church, the Rotary Club, the Chamber of Commerce, and other important civic and spiritual organizations; and WHEREAS, Fisher Barfoot is respected as a businessman because of his career of over 40 years with Piggly Wiggly Southern, where he retired as a vice president and director; and WHEREAS, Fisher Barfoot is a loving husband, father, and grandfather, who married the former Kate Willis 46 years ago, and together have five children and 17 grandchildren; and WHEREAS, Fisher Barfoot always demonstrated the best qualities of leadership, which is a gentle and humble spirit that concerns itself with what is best for others and not self. It is only fitting and proper that Fisher Barfoot be honored by so naming State Highway 130 that runs through Toombs and Montgomery counties. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 130, which runs through Toombs and Montgomery counties, is designated as the Fisher Barfoot Highway, in honor of the many contributions made by Mr. Barfoot to that area of our great state. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Fisher Barfoot and to the Department of Transportation. WHEREAS, Charles Durst was born on September 19, 1929, and sadly passed away on March 6, 1998. He served with great honor as sheriff of Toombs County from 1976 through 1998; and WHEREAS, Charles Durst deservedly received the LyonsToombs County Citizen of the Year Award in 1982. He was loved and admired by the people of his community and by his fellow peace officers throughout the State of Georgia; and WHEREAS, a lifelong resident of Toombs County with his wife Bobby and two children, Charles Durst made his community a better and safer place to live, work, and worship. For that, his fellow citizens will be forever in his debt. BE IT FURTHER RESOLVED that the bridge over the Norfolk-Southern Railway on Ga. 61 in the City of Dallas is designated the Foster Family Bridge in honor of T. J. Foster and certain of his family members. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway and bridge as provided in this resolution. BE IT FURTHER RESOLVED that the intersection of Georgia Highway 82 and the Liberty Bypass in Dougherty County is designated the Al Holloway Interchange, and the Department of Transportation is authorized and

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directed to erect and maintain appropriate signs so designating the interchange. BE IT FURTHER RESOLVED that the Southeastern Railway Museum in Duluth, Georgia, is designated as the official state transportation history museum. The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes. Approved April 28, 1999. WILLIAM S. ROBINSON BRIDGEDESIGNATED. No. 33 (Senate Resolution No. 22). A RESOLUTION Designating a bridge on State Route 90 in Macon County as the William S. Robinson Bridge; and for other purposes. WHEREAS, William S. Mr. Bill Robinson was a longtime resident of Ideal, Georgia, who retired in 1971 after a 35 year career with the Georgia Highway Department; and WHEREAS, Mr. Robinson began his career with the highway department as a rodman in 1936 and through meritorious service worked his way up through the ranks to become resident highway engineer of the Thomaston district, which position he held at the time of his retirement; and WHEREAS, Mr. Robinson, through his devotion to duty as a public servant, outstanding leadership, concern for fellow workers, and distinguished record of accomplishment, greatly served the commonwealth; and WHEREAS, Mr. Robinson was a bridge builder not only by vocation but also by avocation, serving and sharing the fruits of his labors with others in need in countless acts of Christian charity; and WHEREAS, Mr. Robinson departed this life in 1988, leaving a legacy of not only physical monuments to his good work but also spiritual monuments of good works which live on as shining examples to his family and fellow citizens; and WHEREAS, it is only fitting and proper that he be honored by this state and in the community in which he lived. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 90 between Ideal and Oglethorpe in Macon County which is the subject of proposed bridge project BRF-153-1 (24) is designated as William S. Robinson Bridge, and

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the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge upon completion of the proposed bridge project. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Mr. William S. Robinson. Approved April 28, 1999. STATE PROPERTYSALE OF PROPERTY IN BALDWIN COUNTY; CONVEYANCES TO BAROID DIVISION OF DRESSER INDUSTRIES, INC., DEKALB COUNTY BOARD OF EDUCATION, CITY OF ELBERTON, FLOYD COUNTY, AND GLASCOCK COUNTY. No. 34 (Senate Resolution No. 45). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property located in Glascock County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 319th Georgia Militia District of Baldwin County and containing approximately 8 acres fronting on the east side of State Highway 22 and being shown as parcel B on a drawing dated January 6, 1998, 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 to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Juvenile Justice; (4) The above-described property is separated from the main campus of the Baldwin County Youth Development Campus by State Highway 22;

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(5) The above-described property is not being utilized and the Department of Juvenile Justice has determined it will have no future need for the property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 604 of the 4th District, 3rd Section of Bartow County and containing approximately 1.38 acres as shown on a plat of survey prepared by William C. Smith, Georgia Registered Land Surveyor #1803, dated September 22, 1993, 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 to the State Properties Commission for approval; (3) Said property is under the custody of the State Properties Commission and is a portion of the Western and Atlantic Railroad right of way which is leased to CSX Transportation; (4) The above-described property is currently subleased by CSX Transportation to the Baroid Division of Dresser Industries Inc.; (5) The Baroid Division of Dresser Industries Inc. is desirous of acquiring the above-described state owned property in order to make certain capital improvements to their facilities; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 10 of the 18th District of DeKalb County and containing approximately 2.9 acres as shown on a plat of survey prepared by James Robert Cheatham, Georgia Registered Land Surveyor, dated July 1968, 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 to the State Properties Commission for approval; (3) Said unimproved property is under the custody of the Department of Education and is no longer needed for the purpose for which it was originally acquired; (4) The DeKalb County Board of Education conveyed the above-described property to the state in April of 1972, for the consideration of $1.00; (5) The DeKalb County Board of Education is desirous of acquiring the above-described state owned real property for a public purpose; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Elbert County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 189th Georgia Militia District of Elbert County within the city limits of the City of Elberton and containing approximately 6.06 acres as shown on a drawing prepared by the Georgia National Guard which depicts the exchange of two parcels with the City of Elberton, 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 to the State Properties Commission for approval; (3) The Department of Defense intends to relocate its National Guard activities in Elbert County to a new location and once the National Guard has vacated the above-described property, the Department of Defense intends to declare the property surplus to its needs; (4) The City of Elberton, Elbert County, conveyed the above-described property to the state on November 16, 1954, for the consideration of $10.00; (5) The City of Elberton, Elbert County, is desirous of acquiring the above-described state owned real property for a public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 232 of the 23rd District, 3rd Section of Floyd County containing approximately 2.07 acres as shown on a drawing prepared by the State Properties Commission which depicts the two parcels which comprise the subject property, 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 to the State Properties Commission for approval; (3) The Georgia Forestry Commission intends to relocate its activities in Floyd County to a new location and once the above-described property is vacated, the Georgia Forestry Commission intends to declare the property surplus to its needs; (4) Floyd County has agreed to convey to the state, for the consideration of $1.00, a new site to house future activities of the Georgia Forestry Commission; (5) Floyd County conveyed a portion of the above-described real property to the state on November 1, 1960, and the remainder of the site on May 6, 1993, each for the consideration of $1.00;

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(6) Floyd County is desirous of acquiring the above-described state owned real property for a public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Glascock County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the 1167th Georgia Militia District of Glascock County and containing a total of approximately 0.98 of one acre as shown on a plat of survey prepared by Joe Dean Usry, Georgia Registered Land Surveyor No. 1899, dated October 17, 1977, and revised June 10, 1978, and on a drawing recorded May 27, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The Georgia Forestry Commission intends to relocate its activities in Glascock County to a new location and once the Georgia Forestry Commission has vacated the above-described property, the commission intends to declare the property surplus to its needs; (4) Glascock County conveyed a portion of the above-described property to the state on May 26, 1965 and the remainder of the site on April 3, 1979, each for the consideration of $10.00; (5) Glascock County is desirous of acquiring the above-described state owned real property for a public purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia is the owner of the above-described real property located in Baldwin 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 all or a portion of the above-described real property may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission or may be exchanged for property or properties of an equal value as determined to be in the best interest of the State of Georgia as determined by the State Properties Commission; provided, however, that all or a portion of the above-described real

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property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to Baldwin County shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin 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 Bartow 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 7 . That the above-described real property may be conveyed by appropriate instrument to the Baroid Division of Dresser Industries Inc. by the State of Georgia, acting by and through the State Properties Commission for the consideration of the fair market value or may be exchanged for property or properties owned by the Baroid Division of Dresser Industries Inc. of equal value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 8 . That CSX Transportation shall surrender its leasehold interest in the above-described property prior to its being conveyed to the Baroid Division of Dresser Industries Inc. SECTION 9 . That the authorization in this resolution to convey the above-described property to the Baroid Division of Dresser Industries Inc. shall expire three years after the date that this resolution becomes effective.

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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 Bartow 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 DeKalb 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 may be conveyed by appropriate instrument to the DeKalb County Board of Education by the State of Georgia, acting by and through the State Properties Commission for the consideration of $1.00, so long as the property is used for a public purpose, 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 the DeKalb County Board of Education 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 DeKalb 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 above-described real property located in Elbert 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 18 . That the above-described real property may be conveyed by appropriate instrument to the City of Elberton, Elbert County, by the State of Georgia, acting by and through the State Properties Commission for the consideration of $1.00, so long as the property is used for a public purpose, 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 19 . That the above-described real property shall not be conveyed to the City of Elberton, Elbert County, until after the Department of Defense and its National Guard activities and facilities have been relocated to a new site. SECTION 20 . That the authorization in this resolution to convey the above-described property to the the City of Elberton, Elbert County, shall expire five years after the date that this resolution becomes effective. SECTION 21 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 22 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Elbert County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE V SECTION 23 . That the State of Georgia is the owner of the above-described real property located in Floyd 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 24 . That the above-described real property may be conveyed by appropriate instrument to Floyd County by the State of Georgia, acting by and through the State Properties Commission for the consideration of $1.00, so long as the property is used for a public purpose, 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 25 . That the above-described real property shall not be conveyed to Floyd County until after the Georgia Forestry Commission has relocated its activities and facilities to a new site. SECTION 26 . That the authorization in this resolution to convey the above-described property to Floyd County shall expire five years after the date that this resolution becomes effective. SECTION 27 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 28 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE VI SECTION 29 . That the State of Georgia is the owner of the above-described real property located in Glascock 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 30 . That the above-described real property may be conveyed by appropriate instrument to Glascock County by the State of Georgia, acting by and through the State Properties Commission for the consideration of $1.00, so long as the property is used for a public purpose, 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 31 . That the above-described real property shall not be conveyed to Glascock County until after the Georgia Forestry Commission has relocated its activities and facilities to a new site. SECTION 32 . That the authorization in this resolution to convey the above-described property to Glascock County shall expire five years after the date that this resolution becomes effective.

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SECTION 33 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 34 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Glascock County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE VII SECTION 35 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999. MARSHALL SHIRAH MEMORIAL BRIDGE AND TARA AND MEGAN BISHOP INTERSECTIONDESIGNATED. No. 35 (Senate Resolution No. 77). A RESOLUTION Designating the Marshall Shirah Memorial Bridge; designating the intersection of State Highway 515 and State Highway 108 as Tara and Megan Bishop Intersection; and for other purposes. Part 1 WHEREAS, Marshall Brandon Shirah was the beloved son of Beau and Nancy Shirah of McIntosh County, Georgia; and WHEREAS, a student at the McIntosh County Academy in Darien, Georgia, Marshall's life ended on March 21, 1997, in a tragic construction accident on the job site where he worked with his father building the Interstate 95 South Altamaha Bridge; and WHEREAS, Marshall was deeply loved by his family and friends and his death has brought great sorrow to the community in which he lived; and WHEREAS, it is fitting and proper that the memory of Marshall Shirah be honored and memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the life of Marshall Brandon Shirah and express regret at his passing. BE IT FURTHER RESOLVED that the bridge located on Interstate 95 on the Glynn County and McIntosh County boundary, between exits 9 and 10,

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over the Altamaha River be designated the Marshall Shirah Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the parents of Marshall Shirah. Part 2 WHEREAS, on July 11, 1997, Tara Bishop and Megan Bishop tragically lost their lives in a motor vehicle accident at the intersection of State Highway 515 and State Highway 108 in Pickens County, Georgia; and WHEREAS, loss of life on the highways of the state is always a tragedy, and the loss is made all the more severe when young lives are suddenly cut short; and WHEREAS, these two sisters were students; 20 year-old Tara was transferring from Kennesaw College to Reinhardt College, and 13 year-old Megan was a student at Teasley Middle School in Cherokee County; and WHEREAS, the grief of their parents, Betty and Larry Bishop, and other members of their family was deeply shared by the local community who will long remember these special young women; and WHEREAS, on behalf of the citizens of Cherokee County and Pickens County, proper recognition of the loss of these talented and beloved young women is most appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the memory of Tara Bishop and Megan Bishop and designate the intersection of State Highway 515 and State Highway 108 in Pickens County as Tara and Megan Bishop Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mr. and Mrs. Larry Bishop and the Department of Transportation. Approved April 28, 1999.

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STATE PROPERTYCONSENT TO ANNEXATION BY THE CITY OF ROCKMART. No. 36 (Senate Resolution No. 101). A RESOLUTION Consenting to the annexation of certain state owned real property located in Polk County into the corporate limits of the City of Rockmart; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Polk County; and WHEREAS, such property is under the control of the Georgia Department of Transportation; and WHEREAS, such property is located adjacent to the present corporate limits of the City of Rockmart; and WHEREAS, Code Section 36-36-32 of the O.C.G.A. authorizes the annexation of such property upon the application of the owners of 60 percent of the land and 60 percent of the resident electors; and WHEREAS, such real property is more particularly described as follows: All of that portion of State Highway 113, and the publicly owned right of way of said highway located in Polk County, from the intersection of said State Highway 113 and Carlton Drive, north on State Highway 113 to the intersection of State Highway 113 and the northern publicly owned right of way boundary of Knox Mountain Road. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Rockmart and authorize the Georgia Department of Transportation to execute all documents required and to take any action necessary to make application to the City of Rockmart for the annexation of such real property pursuant to Code Section 36-36-32 of the O.C.G.A. SECTION 2 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1999.

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R.P. BALKCOM, JR., MEMORIAL HIGHWAYDESIGNATED. No. 37 (Senate Resolution No. 108). A RESOLUTION Designating a portion of State Route 147 in Tattnall County as the R. P. Balkcom, Jr., Memorial Highway; and for other purposes. WHEREAS, R. P. Balkcom, Jr., was born on March 16, 1915; and WHEREAS, Mr. Balkcom began working at the Georgia State Prison on January 1, 1942, and served as warden from January 1948 until March 1966; and WHEREAS, his tenure as warden was the longest of anyone ever serving in that capacity; and WHEREAS, he later served as executive vice president for banks in Leary and Cobbtown; and WHEREAS, in addition, he served on the Tattnall County Education Board of Trustees from January 1957 until February 1961; and WHEREAS, it is only fitting and proper that he be honored by this state and in his county for his lengthy public service and civil leadership. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 147 in Tattnall County between the Reidsville city limit and the Toombs County line is designated as the R. P. Balkcom, Jr., Memorial Highway; and the Department of Transportation is authorized and directed to place and maintain signs so designating the highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of R. P. Balkcom, Jr., and the Department of Transportation. Approved April 28, 1999. ROMIE WATERS HIGHWAYDESIGNATED. No. 38 (Senate Resolution No. 109). A RESOLUTION Redesignating a portion of State Route 57 in Tattnall County as the Romie Waters Highway; and for other purposes. WHEREAS, Honorable Romie Waters will long be remembered by the citizens of Tattnall County for his exemplary public service as an elected official and for his vision and integrity as a community leader; and

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WHEREAS, he was a native of Tattnall County, who was born in Glennville, graduated from the public schools, and served with honor in the United States Air Force; and WHEREAS, he served with the utmost distinction as the Sheriff of Tattnall County for 24 years of uninterrupted service until his retirement in 1988; and WHEREAS, his very capable, honest, and impartial administration of this significant law enforcement office earned him the highest respect among his professional peers and the citizens he served; and WHEREAS, in addition to his career as an elected official, he was an active participant in the governmental affairs of his community where he gave unselfishly of his talent, time, and energy; and WHEREAS, he was an influential member of the Tattnall County Democratic Executive Committee, whose understanding of the core principles of that political party fostered good government and forged good will; and WHEREAS, he represented the very highest ideals expected of an elected public official, and his contributions and sterling reputation provide a model for others to follow; and WHEREAS, it is only fitting and proper that he be honored by this state and in his county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 57 in Tattnall County between the Reidsville city limits and the Glennville city limits is redesignated and shall henceforth be known as the Romie Waters Highway, the provisions of Resolution Act No. 126, approved April 23, 1998 (Ga. L. 1998, p. 1475), to the contrary notwithstanding; and the Department of Transportation is authorized and directed to place and maintain signs so identifying the highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. Romie Waters and to the Department of Transportation. Approved April 28, 1999. FRED LEE BRADY BRIDGE, HERBERT EUGENE BELCHER MEMORIAL BRIDGE, J. IRVIN HENDRICKS HIGHWAY, JOHNNIE L. CALDWELL, SR., HIGHWAY, WILLIAM AND ANDRE COOPER MEMORIAL HIGHWAY, HAMILTON MCWHORTER, JR., HIGHWAY, AND HERMAN H. WATSON MEMORIAL BRIDGEDESIGNATED. No. 39 (Senate Resolution No. 150). A RESOLUTION Designating a bridge on State Route 176 in the City of Powder Springs as the Fred Lee Brady Bridge; designating a bridge on State Route 135 in

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Coffee County as the Herbert Eugene Belcher Memorial Bridge; designating the J. Irvin Hendricks Highway; designating the Johnnie L. Caldwell, Sr., Highway; designating the William and Andre Cooper Memorial Highway; designating the Hamilton McWhorter, Jr., Highway; and designating the Herman H. Watson Memorial Bridge; and for other purposes. PART I WHEREAS, Fred Lee Brady was born on July 16, 1907, the son of John Thomas and Mary Turner Brady; and WHEREAS, he was united in marriage to the late Velma Mattox Brady and they were the loving parents of three childrenLewis, Aubrey, and Allene; and WHEREAS, Mr. Brady was a resident of Powder Springs, Georgia, for most of his 85 years of life; and WHEREAS, he was a well respected businessman, having owned a cobbler shop, a furniture store, and retired as a grocery store owner; and WHEREAS, he served admirably as a member of the Powder Springs City Council in 1951-1952 and as mayor pro tem in 1951; and WHEREAS, Mr. Brady was an ordained Baptist preacher and was instrumental in starting and serving as pastor of the Corner Baptist Church in Powder Springs and the Hollydale Baptist Church in Marietta; and WHEREAS, he served his community well and it is abundantly appropriate that he be remembered and honored. PART II WHEREAS, Herbert Eugene Belcher was born December 9, 1928, in Cuthbert, Georgia; and WHEREAS, he enlisted in the United States Navy in 1946 and served his country with courage and distinction for over 20 years; and WHEREAS, he was killed in combat in the Vietnam War on March 31, 1969, near Tra Cu, South Vietnam; and WHEREAS, he was a beloved member of the community in Coffee County, where he was survived by his wife Maurice and four children; and WHEREAS, the State of Georgia and his country owe a great debt of gratitude to this native son for his selfless sacrifice in military service. PART III WHEREAS, the late J. Irvin Hendricks of Yatesville, Georgia, was an outstanding Chairman of the Upson County Board of Commissioners for many years; and

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WHEREAS, his vision and leadership were instrumental in developing and improving the road system of Upson County; and WHEREAS, he was well known for his excellent skills in obtaining Department of Transportation funding for county road work; and WHEREAS, his legacy of leadership in both road development and county management has been of inestimable value to the citizens of Upson County; and WHEREAS, he traveled the road from his residence in Yatesville, Georgia, to the county courthouse in Thomaston, Georgia countless times in his tireless service to his constituents. PART IV WHEREAS, Johnnie L. Caldwell, Sr., served in the Georgia House of Representatives; and WHEREAS, he was an outstanding Georgia Insurance Commissioner; and WHEREAS, he was an exemplary public servant. BE IT FURTHER RESOLVED that the portion of Panther Springs Road extending from the intersection of State Route Business to the intersection with the East West Connector in Cobb County is designated as the William and Andre Cooper Memorial Highway and that the Department of Transportation is authorized and directed to maintain appropriate signs. BE IT FURTHER RESOLVED that the bridge over the Pumpkinvine Creek in Paulding County on U.S. 278orgia Highway 6 is designated the Herman H. Watson Memorial Bridge and the Department of Transportation is authorized and directed to erect and maintain appropriate signs. BE IT FURTHER RESOLVED that the portion of Highway 78 between the city limits of Crawford and Lexington is designated the Hamilton McWhorter, Jr., Highway and the Department of Transportation is authorized and directed to erect and maintain appropriate signs. PART V NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge constructed in 1998 on SR 176 at New Macland Road in the City of Powder Springs be designated the Fred Lee Brady Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations so designating said bridge. BE IT FURTHER RESOLVED that the bridge on Highway 135 at Douglas and Willacoochee Roads near the Bethel Baptist Church in Coffee County, Georgia, is designated as the Herbert Eugene Belcher Memorial Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said bridge.

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BE IT FURTHER RESOLVED that the part of State Highway 74 between the corporate limits of Thomaston and the corporate limits of Yatesville is designated the J. Irvin Hendricks Highway in honor of the late J. Irvin Hendricks and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the highway. BE IT FURTHER RESOLVED that Highway 36 West from the City of Thomaston corporate limits to the Upson Talbot County boundary is hereby designated as the Johnnie L. Caldwell, Sr., Highway and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the intersection. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution or appropriate portions thereof to the Department of Transportation and the families of Mr. Fred Lee Brady and Mr. Herbert Eugene Belcher. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution or appropriate portions thereof to the Board of Commissioners of Upson County, the family of J. Irvin Hendricks, the family of Johnnie L. Caldwell, Sr., and the Department of Transportation. Approved April 28, 1999. LESTER AND VIRGINIA MADDOX BRIDGEDESIGNATED. No. 40 (Senate Resolution No. 151). A RESOLUTION Designating a bridge on I-75 as the Lester and Virginia Maddox Bridge; and for other purposes. WHEREAS, Honorable Lester Maddox, a native son of Georgia, served with dedication and ability as Governor of this state from January 10, 1967, to January 13, 1971, and as Lieutenant Governor from January 13, 1971, to January 14, 1975; and WHEREAS, during his administration, the State of Georgia experienced rapid economic growth, became the home to many new citizens, and continued as a recognized leader in providing public services for its citizens; and WHEREAS, he has earned the respect, friendship, and admiration of the members of the General Assembly and the citizens of Georgia through his many years of public service, his commitment to helping others, his devotion to God, and his dedication to his family; and

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WHEREAS, his late and beloved wife, Hattie Virginia Cox Maddox, served with grace and distinction as First Lady of this state, and her poise, dignity, and quiet and soft manner charmed thousands of citizens whom she greeted personally as she welcomed them into the Executive Mansion; and WHEREAS, it is only fitting and proper that former Governor and the late Mrs. Maddox be honored by this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on I-75 spanning the Chattahoochee River at the boundary between Cobb and Fulton counties is hereby designated as the Lester and Virginia Maddox Bridge, and that the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Honorable Lester Maddox and the Department of Transportation. Approved April 28, 1999. ANDREW JACKSON ASH MEMORIAL BRIDGEDESIGNATED. No. 41 (Senate Resolution No. 157). A RESOLUTION Designating the Andrew Jackson Ash Memorial Bridge; and for other purposes. WHEREAS, Andrew Jackson Ash is an important figure in the history of Lumpkin County, Georgia, where the Ash family were prominent early settlers in the Chestatee District; and WHEREAS, Jack Ash was born August 6, 1837, in the Porter Springs community, the son of William and Sarah Spencer Ash, and he died August 26, 1904; and WHEREAS, he married Fannie Vernetta Caldwell who was born on February 9, 1847, and died on April 4, 1915, and they were the proud parents of twelve children who have brought honor and credit to the Ash family name; and WHEREAS, Jack Ash established a general mercantile business that was a family operated enterprise and was passed along to the next generation, and he also served as the Postmaster of the Walnut, Georgia, post office located near Turner's Corner; and WHEREAS, Andrew Jackson Ash was an active and influential leader in the economic, political, and religious affairs in his community and his legacy of community service merits proper recognition and remembrance.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the intersection of U.S. 19 and State Route 129 (at Turner's Corner) in Lumpkin County be designated the Andrew Jackson Ash Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Andrew Jackson Ash and to the commissioner of transportation. Approved April 28, 1999. JOINT STUDY COMMITTEE ON REGIONAL DEVELOPMENT CENTERS AND METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS, STATE COMMISSION ON DRUG ADDICTION, JOINT MANUFACTURED HOUSING STUDY COMMITTEE, JOINT STUDY COMMITTEE ON ART POLICIES FOR THE CAPITOL AND GOVERNOR'S MANSION, JOINT WEST GEORGIA RIVER PROTECTION ACT STUDY COMMITTEE, AND HOUSE LAKE LANIER WATER QUALITY STUDY COMMITTEECREATION. No. 42 (Senate Resolution No. 184). A RESOLUTION Creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; creating the State Commission on Drug Addiction; creating the Joint Manufactured Housing Study Committee; creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; creating the Joint West Georgia River Protection Act Study Committee; and creating the House Lake Lanier Water Quality Study Committee; and for other purposes. Part 1 WHEREAS, general state law provides for regional development centers and metropolitan area planning and development commissions to carry out powers, duties, and functions related to planning and development in the various designated regions of this state, including the Atlanta area; and WHEREAS, the organization, authority, and functions of such entities are of the highest and most immediate importance both for the Atlanta area and the state as a whole; and

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WHEREAS, the pace of growth is rapid and localities are changing significantly in many portions of this state, and state and local governments must coordinate plans for and adapt to changing circumstances and public service needs; and WHEREAS, there is a need for a thorough joint legislative study of the present organizational structure, authority, and functions of regional development centers and metropolitan area planning and development commissions and of whether legislative changes would better enable such bodies to serve the state and its local governments. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Representatives and six members of the Senate to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The committee shall stand abolished on December 1, 1999. Part 2 BE IT FURTHER RESOLVED that whereas drug addiction continues to wreak havoc upon the lives of many of Georgia's citizens thereby posing a threat to all of society; and WHEREAS, drug addiction contributes in large measure to increased crime, especially robberies and burglaries to obtain funds needed to purchase drugs; and

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WHEREAS, drug addicted mothers are unable to care adequately for their children often requiring state intervention to remove the children from the home because of neglect or abuse; and WHEREAS, such abuse sometimes includes the mother prostituting herself and her children in order to obtain drugs; and WHEREAS, the presence of a drug addict in the family seriously threatens the ability of that family to function appropriately; and WHEREAS, drug addiction among those incarcerated in the state's jails, prisons, and youth detention facilities is either not treated or inadequately treated to ensure the incarcerated persons can avoid drug use upon their release; and WHEREAS, the state needs to develop long-range plans to deal with the scourge of drug addiction without exclusively using punitive measures. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the State Commission on Drug Addiction to be composed of 12 members. Three of such members shall be members of the House of Representatives who shall be appointed by the Speaker of the House, with at least one being a member of the majority party in the House and at least one being a member of the minority party in the House. Three of such members shall be members of the Senate who shall be appointed by the President of the Senate, with at least one being a member of the majority party in the Senate and at least one being a member of the minority party in the Senate. Two of such members shall be appointed by the Governor who shall designate one of such appointees as chairperson and the other as vice chairperson of the commission. Three members shall be the commissioner, or such commissioner's designee, of the following departments: the Department of Human Resources, the Department of Corrections, and the Department of Juvenile Justice, and one member shall be the chairman, or such chairman's designee, of the State Board of Pardons and Paroles. The commission chairperson shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall also collect available data regarding drug addiction in order to determine: by county, the number of addicts receiving treatment, according to gender, treatment method, and outcome, the projected number of addicts not receiving treatment, and the number of arrests involving drug offenses. The commission may conduct such meetings at such places and at such times as

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it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members and citizen members, if any, shall receive the expenses and allowances authorized by law for members of legislative members of interim legislative committees for their services on the commission but shall receive the same for not more than ten days unless additional days are authorized. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. 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 resolution shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The commission shall stand abolished on December 1, 1999. Part 3 WHEREAS, manufactured housing constitutes 28 percent of the new single family housing in Georgia and the manufactured housing industry is an important resource to the prosperity of Georgia; and WHEREAS, manufactured homes are subject to disparate treatment in this state with respect to taxation, zoning, transport, and regulation; and WHEREAS, an overall comprehensive study should be undertaken to assist the General Assembly in determining the need for uniform treatment of manufactured homes in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Manufactured Housing Study Committee, to be composed of three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee

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deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The committee shall stand abolished on December 1, 1999. Part 4 WHEREAS, art plays a meaningful role in the everyday lives of our citizens and in the overall education of both youths and adults; and WHEREAS, art embodies historical and sustaining importance to the State of Georgia as a visual representation of our heritage and further provides cultural enlightenment for our citizens; and WHEREAS, the Secretary of State of Georgia is proud to coordinate the public exhibition and maintenance of art work in the Capitol and Capitol Education Center and seeks to work in cooperation with the Georgia Building Authority for art at the Governor's Mansion; and WHEREAS, there is an impending need for policies and procedures to guide the collection, acquisition, deaccessioning, preserving, and displaying of art work in the Capitol, Capitol Education Center, and the Governor's Mansion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Art Policies for the Capitol and Governor's Mansion to be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, four members of the Senate to be appointed by the President of the Senate, four members appointed by the Governor, and the executive director of the Georgia Building Authority or his or her designee. The Secretary of State shall serve as a member and chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee

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deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The event the committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor and General Assembly on or before December 31, 1999. The committee shall stand abolished on December 31, 1999. Part 5 WHEREAS, the rivers of West Georgia are a vital and important resource which provide drinking water and recreational opportunities to the citizens of the State of Georgia; and WHEREAS, the protection of these vital resources is critical to the prosperity of West Georgia and the citizens of the entire state; and WHEREAS, there exists a need for a thorough and comprehensive study of steps to protect and improve the waters of these rivers, to lessen the impact of development on these ecosystems, and to prevent the erosion of riverbanks in this area of the state; and WHEREAS, Coweta County has adopted zoning ordinances to protect these river corridors; and WHEREAS, Carroll, Heard, and Troup counties also have a vital interest in protecting these resources; and WHEREAS, a study should be undertaken to assist the General Assembly in determining the need for and details of a West Georgia River Protection Act to preserve and enhance the rivers of the above-named counties. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint West Georgia River Protection Act Study Committee, to be composed of five members of the Senate appointed by the President of the Senate and five members of the House of Representatives appointed by the Speaker of the House of Representatives, with consideration given to the appointment of those members of the General Assembly who represent Coweta, Heard, Troup, and Carroll counties. The President of the Senate and the Speaker of the House shall

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each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The committee shall stand abolished on December 1, 1999. PART 6 WHEREAS, Lake Lanier is the source of much of the drinking water for residents of this state; and WHEREAS, Lake Lanier is also a prime recreational area for the state; and WHEREAS, the shores of Lake Lanier are also the site of increasing residential and other development; and WHEREAS, a thorough study should be made to assess how the various uses of Lake Lanier can be suitably balanced to ensure high water quality, commerce, and quality of life; and WHEREAS, long-range planning must be conducted with special emphasis upon the impact of increased population and development around the lake and the need to protect the lake from both natural and man-made pollution; and WHEREAS, the possibility needs to be explored of creating a multijurisdictional authority to deal with these concerns. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Lake Lanier Water Quality Study Committee to be composed of: (1) Five members of the House of Representatives to be appointed by the Speaker of the House of Representatives;

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(2) One member from the Carl Vinson Institute of Government to be designated by the director of such institute; (3) One member from the Army Corps of Engineers to be designated by the commander of that unit of such corps having jurisdiction over Lake Lanier; and (4) Two citizen members having background and experience in water quality issues and to be appointed by the Speaker of the House of Represen[UNK]tatives. The members of the committee who are members of the House of Representatives shall elect one of such House members as chairperson. The full committee shall elect two of their members as vice chairperson and secretary. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Members of the committee who are officials or employees of any state department, other than the board of regents, shall receive no compensation for their services, 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 such reimbursement shall come from funds appropriated to or otherwise available to their respective departments. All other members of the committee shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees and those funds and all other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives. The members of the committee shall receive such allowances for not more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1999. The committee shall stand abolished on December 1, 1999. Approved April 28, 1999.

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COMMERCE AND TRADEGEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY; BOARD OF GOVERNORS; MEMBERSHIP. Code Section 10-9-6 Amended. No. 429 (House Bill No. 695). AN ACT To amend Code Section 10-9-6 of the Official Code of Georgia Annotated, relating to the appointment and terms of members of the board of governors of the Georgia World Congress Center Authority, so as to provide for four additional members of such board and their terms; 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 10-9-6 of the Official Code of Georgia Annotated, relating to the appointment and terms of members of the board of governors of the Georgia World Congress Center Authority, is amended by striking said Code Section in its entirety and inserting in lieu thereof the following: 10-9-6. (a) The board of governors of the authority shall consist of 15 members. Each member shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor except that the four additional positions added in 1999 shall be appointed for initial terms ending July 1, 2002, but their successors shall be appointed for four-year terms. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership. (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly.

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(d) The members of the authority in office on November 1, 1982, shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified pursuant to this Code section. SECTION 2 . This Act shall become effective on May 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1999. STATE GOVERNMENTBOARD OF INDUSTRY, TRADE, AND TOURISM; MEMBERSHIP; POWERS; CONTRACTS. Code Section 50-7-3 Amended. No. 430 (House Bill No. 696). AN ACT To amend Code Section 50-7-3 of the Official Code of Georgia Annotated, relating to the creation of the Board of Industry, Trade, and Tourism and the composition of such board, so as to reconstitute such board and to add four additional board members; to change provisions relating to powers of the board; to provide that the board may authorize certain intergovernmental agreements and contracts for the public purposes of development of trade, commerce, industry, and employment opportunities; to provide for the purpose, scope, and manner of entering into such agreements and contracts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 50-7-3 of the Official Code of Georgia Annotated, relating to the creation of the Board of Industry, Trade, and Tourism and the composition of such board, is amended by striking said Code Section in its entirety and inserting in lieu thereof the following: 50-7-3. (a) The department shall be under the direction and supervision of a Board of Industry, Trade, and Tourism. (b) On and after July 1, 1999, the Board of Industry, Trade, and Tourism shall consist of one member from each congressional district in the state and nine additional members from the state at large. All members shall

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be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2000; two members representative of congressional districts and at-large members shall be appointed for a term ending July 1, 2001; three members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 2002; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2003; and two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2004. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (c) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1999. The members of the Board of Industry, Trade, and Tourism serving on April 1, 1999, shall remain in office until their successors are appointed and qualified. (d) In addition to all other powers granted to the Board of Industry, Trade, and Tourism under this chapter, the board may authorize the Department of Industry, Trade, and Tourism to enter into and carry out intergovernmental contracts and agreements for the purpose of providing financial and other assistance in carrying out projects or undertakings which will further the public purposes of development of trade, commerce, industry, and employment opportunities at the state and local levels. The board may authorize such contracts and agreements between the department and other departments, agencies, and entities of state government and may also authorize such contracts and agreements between the department and local development authorities. Any such contracts and agreements shall be awarded pursuant to criteria and procedures developed by the board. Such criteria and procedures shall be designed to effectuate those proposed contracts and agreements which will be most effective in furthering the public purpose of development of trade, commerce, industry, and employment opportunities at the state and local levels. Neither the development of such criteria nor the award of such contracts and agreements shall be subject to Chapter 5 of Title 50; Chapter 13 of Title 50; or Article 5 of Chapter 5 of Title 28. The board and the department may expend funds appropriated or otherwise available to the board and the department for the public purposes described in this subsection.

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SECTION 2 . This Act shall become effective on May 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1999. REVENUE AND TAXATIONAD VALOREM TAXES; MILLAGE RATE DETERMINATIONS; CHANGES IN RETURNS; RECORDS; DISCLOSURES; APPEALS; PROCEDURES. Code Sections 48-5-306 and 48-5-311 Amended. Code Sections 48-5-32.1 and 48-5-306.1 Enacted. No. 431 (Senate Bill No. 177). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive procedures regarding the determination of certain millage rates; to provide for definitions; to provide for certification; to provide for the adoption of millage rates; to provide for the notice and public hearings; to provide for enforcement; to change certain provisions regarding notice of changes in ad valorem tax returns; to provide for notice of additional information; to provide availability of certain records and information; to provide for additional disclosure of information to taxpayers; to change certain provisions regarding review and appeal of assessments; to provide for times to conduct appeal or arbitration proceedings; to provide for written notice of grounds for rejecting taxpayer's position; to change certain provisions regarding prima-facie correctness and burden of proof; to provide for recovery of litigation and attorney's fees under certain circumstances; to provide for audio recording of certain proceedings; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-32.1 which reads as follows: 48-5-32.1. Reserved.,

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and inserting in its place a new Code Section 48-5-32.1 to read as follows: 48-5-32.1. (a) As used in this Code section, the term: (1) `Ad valorem tax' or `property tax' means a tax imposed upon the assessed value of real property. (2) `Certified tax digest' means the total net assessed value on the annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the department and authorized by the commissioner for the collection of taxes, or, in the case where the governing authority of a county whose digest has not been approved by the commissioner has petitioned the superior court of the county for an order authorizing the immediate and temporary collection of taxes, the temporary digest so authorized. (3) `Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes. (4) `Mill' means one one-thousandth of a United States dollar. (5) `Millage' or `millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) `Millage equivalent' means the number of mills which would result when the total net assessed value added by reassessments is divided by the certified tax digest and the result is multiplied by the previous year's millage rate. (7) `Net assessed value' means the taxable assessed value of property after all exemptions. (8) `Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the purposes of such board of education. (9) `Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments; provided, however, that if the taxing jurisdiction has created a redevelooment area under the provisions of Chapter 44 of Title 36 and the roll-back rate that would otherwise result is lower than the minimum millage permissible under such chapter, the roll-back rate shall mean such minimum millage. (10) `Taxing jurisdiction' means all the real property subject to the levy of a specific levying authority or the recommended levy of a specific recommending authority.

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(11) `Total net assessed value added by reassessments' means the total net assessed value added to the certified tax digest as a result of revaluation of existing real property that has not been improved since the previous tax digest year. (b) At the time of certification of the digest, the tax receiver or tax commissioner shall also certify to the recommending authority and levying authority of each taxing jurisdiction the total net assessed value added by reassessments contained in the certified tax digest for that tax digest year of the taxing jurisdiction. (c) (1) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32. (2) In those instances in which the recommending authority or levying authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows: `NOTICE OF PROPERTY TAX INCREASE The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time) .' Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to each hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) No recommending authority shall recommended and no levying authority shall levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection without beginning anew the procedures and hearings required by this Code section and those required by Code Section 48-5-32.

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(5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 or Code Section 48-5-32. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. (e) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code section by the levying authorities and recommending authorities. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met. (f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section. SECTION 2 . Said chapter is further amended by striking Code Section 48-5-306, relating to notice of changes in ad valorem tax returns, and inserting in its place new Code Sections 48-5-306 and 48-5-306.1 to read as follows: 48-5-306. (a) Method of giving notice to taxpayer of changes made in such taxpayer's return . Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice

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through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered `Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type`OFFICIAL TAX MATTER.' (b) Contents of notice . (1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: (A) The amount of the previous assessment; (B) The amount of the current assessment; (C) The year for which the new assessment is applicable; (D) A brief description of the assessed property broken down into real and personal property classifications; (E) The fair market value of property of the taxpayer subject to taxation and the assessed value of the taxpayer's property subject to taxation after being reduced; and (F) The name and phone number of the person in the assessors' office that is administratively responsible for the handling of the appeal and that the taxpayer may contact if they have questions about the reasons for the assessment change or the appeals process. (2) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form: `The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number) .'

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(c) Posting notice on certain conditions . In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute prima-facie evidence of the posting of the notice as required by law. (d) Records and information availability . Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of the real property subject to such notice: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information. (e) Basis for new assessment . Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by 15 percent or more, the notice required by this subsection shall be accompanied by a simple, nontechnical description of the basis for the new assessment. All documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the notice shall contain a statement of that availability. (f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section. 48-5-306.1. (a) The tax commissioner shall annually prepare and maintain a brochure or other publication describing the exemptions and preferential assessments available to the taxpayers of the county along with the

Page 1049

conditions of eligibility and deadlines for applying for each. Such brochure or other publication shall also describe the requirements and deadlines for the return of property for taxation and the appeal procedures and such other information as the tax commissioner or board of tax assessors may determine to be helpful to the property owner. Such brochure or other publication shall be available freely to taxpayers in the office of the tax commissioner and board of assessors and shall also be mailed or otherwise delivered to the appropriate taxpayer under the following conditions: (1) Upon the transfer of residential or agricultural property for which a properly completed real estate transfer tax form has been filed; (2) Whenever a homestead exemption has been newly approved or whenever an existing homestead exemption has been modified with new conditions of eligibility; and (3) Whenever a preferential assessment with respect to ad valorem property taxes is enacted or modified. (b) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section. SECTION 3 . Said chapter is further amended by striking Code Section 48-5-311, relating to county boards of equalization and review and appeal of assessments, and inserting in its place a new Code Section 48-5-311 to read as follows: 48-5-311. (a) Establishment . (1) There is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the

Page 1050

county. The grand jury of any such county may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the bussiness of the board. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) (A) (i) Until December 31, 1996, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries shall contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property. (ii) On and after January 1, 1997, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school

Page 1051

system coextensive with its boundaries may contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property. (B) Any municipal corporation which enters into any contract under division (i) or (ii) of subparagraph (A) of this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in division (i) or (ii) of subparagraph (A) of this paragraph. (b) Qualifications . (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2) (A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled.

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(c) Appointment . (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and subscribe before the clerk of the superior court the following oath:

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`You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers . (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If in the course of determining an appeal the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may order a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish by regulation procedures, not in conflict with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) of this Code section, for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board and a copy of the procedures shall be made available to any individual upon request. (e) Appeal . (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions. Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00

Page 1054

A.M. and 7: 00 P.M. on a business day. Following the notification of the taxpayer of the date and time of their scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer. (2) (A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the

Page 1055

change notice, institute an appeal to the county board of equalization by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization or in any arbitration proceedings. (3) In any year in which no county-wide reevaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 48-5-304. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative

Page 1056

prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (iii) (I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property

Page 1057

which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued. (II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (f) Arbitration. (1) At the option of the taxpayer an appeal shall be submitted to arbitration.

Page 1058

(2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee. (3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chapter 9 of Title 9 with the following exceptions: (A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator; (B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67; (C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board; (D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be corrected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; (E) The taxpayer shall be responsible for the fees and costs of such taxpayer's arbitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be

Page 1059

responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitrator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator; and (F) The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. (g) Appeals to the superior court . (1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal.

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Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property. (4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day. (B) (i) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of equalization as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the

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arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property. (h) In the course of any assessment, appeal, or arbitration, or any related proceedings, the taxpayer shall be entitled to make audio recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (i) Alternate members . Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (j) Disqualification . (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative

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response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e) (5) (B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e) (6) (A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation . Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals. SECTION 4 . This Act shall become effective on January 1, 2000, and shall be applicable to all assessments and proceedings commenced on or after that date. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 30, 1999. AGRICULTUREGEORGIA COTTON PRODUCERS INDEMNITY FUND OF 1999; CREATION. Code Title 2, Chapter 18 Enacted. No. 432 (House Bill No. 148). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999; to provide for the payment of indemnity payments to compensate certain cotton producers in this state for losses incurred as a result of the loss of properly stored, harvested cotton as the result of the bankruptcy of

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a warehouseman, broker, or other party or parties in possession of such cotton or warehouse receipts evidencing title to such cotton, an improper conversion or transfer of such cotton, the issuance of bad checks in payment for such cotton, or other hazards or events as determined by the Commissioner of Agriculture; to provide for a statement of authority; to provide for definitions; to provide for powers and duties of the Commissioner and the department; to provide for the filing, investigation, and payment of claims; to provide for practices, procedures, and requirements relative to the fund, claims, and payments; to provide for appropriations; to provide for subrogation of rights; to prohibit the making of false claims; to provide for penalties; to provide for the repayment of funds to the United States and the general fund of the state treasury under certain circumstances; to provide for contingent 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 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 18 to read as follows: CHAPTER 18 2-18-1. This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a) (3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton. 2-18-2. As used in this chapter, the term: (1) `Commissioner' means the Commissioner of Agriculture of this state. (2) `Department' means the Department of Agriculture of this state. (3) `Eligible cotton producer' means a person, partnership, corporation, or other entity that grew cotton in this state and that incurred a loss in 1998 or 1999 of such properly stored, harvested cotton as the result of the bankruptcy of one or more warehousemen, brokers, or other parties in possession of such cotton or warehouse receipts evidencing title to such cotton; an improper conversion or transfer of such cotton; the issuance of one or more bad checks in payment for

Page 1064

such cotton; or other hazards or events as determined by the Commissioner. (4) `Federal act' means section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277. (5) `Secretary of agriculture' means the secretary of agriculture of the United States. 2-18-3. (a) The Commissioner shall have the following powers and duties: (1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; (2) To request from the Attorney General and any court, agency, or department such assistance and data as will enable the Commissioner to determine the losses of cotton producers for which indemnity payments are available pursuant to this chapter and whether, and the extent to which, a claimant qualifies for such compensation. Any person, corporation, partnership, court, agency, or department is authorized to provide the Commissioner with the information requested upon receipt of a request from the Commissioner. Any provision of law providing for confidentiality of records does not apply to a request of the Commissioner pursuant to this Code section; provided, however, that the Commissioner shall preserve the confidentiality of any such records received; (3) To investigate each individual claim, utilizing, to the extent necessary, electronic warehouse receipt records, financial and banking records, market price records, and other records and documentation necessary to verify the claim; (4) To reinvestigate or reopen denied claims for awards filed with the Commissioner pursuant to this chapter as the Commissioner deems necessary; (5) To apply for funds from, and to submit all necessary forms and reports to, any federal agency participating in a cooperative program to compensate cotton producers who are eligible for indemnity payments pursuant to this chapter and to receive and administer federal funds for the purposes of this chapter; (6) To make indemnity payments to eligible cotton producers in the manner authorized by this chapter. Indemnity payments shall be made directly to eligible cotton producers; (7) To carry out programs designed to inform affected cotton producers of the purposes and requirements of this chapter and the indemnity program created pursuant to this chapter; and

Page 1065

(8) To make a report to the secretary of agriculture, Congress, the Governor, and the General Assembly on or before October 1, 1999, and a report upon concluding the affairs of the Georgia Cotton Producers Indemnity Fund of 1999 describing the state's efforts to use the indemnity fund to provide compensation to injured cotton producers. (b) The Commissioner and the department shall assist applicants with their claims for indemnity payments through educational programs and administrative assistance. (c) Neither rule making nor any proceeding or hearing under the program authorized by this chapter shall be subject in any way to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 2-18-4. (a) A claim may be filed by an eligible cotton producer, as defined in Code Section 2-18-2. In any case in which the person entitled to make a claim is mentally incompetent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate. (b) A claim must be filed by the claimant not later than July 1, 1999; provided, however, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the office of the Commissioner in person or by mail. The department shall provide forms for use in filing claims. (c) The claim shall be verified and shall contain the following: (1) The name, address, and telephone number of the claimant; (2) A description of the amount, nature, and circumstances of the loss; (3) A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy; (4) An authorization permitting the Commissioner to verify the contents of the application; and (5) Such other information as the Commissioner may require. 2-18-5. (a) There is created a fund to be known as the Georgia Cotton Producers Indemnity Fund of 1999. The Commissioner shall be the custodian of the fund, shall administer the fund, and may invest the resources of the fund in the same manner and fashion that an insurer

Page 1066

authorized to issue contracts of life insurance is authorized to invest its resources. (b) The fund shall consist of $5 million of federal moneys received pursuant to section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277; all moneys appropriated by the General Assembly as required by section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, for the purpose of compensating claimants under this chapter; any other moneys made available to the fund; and any interest or earnings on such moneys accruing to the fund. (c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (d) The Commissioner is authorized, subject to the limitations contained in this chapter, to disburse the appropriate indemnity payments to the persons eligible for such payments under this chapter from the Georgia Cotton Producers Indemnity Fund of 1999. (e) Following the receipt of all claims, the investigation of each claim, as necessary, and the making of a determination that an award should or should not be paid for each claim filed, the Commissioner is authorized to draw warrants upon the Georgia Cotton Producers Indemnity Fund of 1999 to pay the indemnity amounts granted to eligible recipients from such fund. If the total amount of all claims approved for payment exceeds the total amount available in the fund for such payments, a pro rata payment shall be made to each approved claimant in the proportion that such claimant's approved claim amount bears to the total of all approved claims. (f) All amounts in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid out no later than January 1, 2000. If more than $5 million has been paid to cotton producers prior to such date and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid to the general fund of the state treasury. If less than $5 million has been paid to cotton producers, the difference between the total amount paid to cotton producers and $5 million shall be returned to the secretary of agriculture of the United States and any amounts remaining above such $5 million shall be paid to the general fund of the state treasury. 2-18-6. Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from

Page 1067

the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter. 2-18-7. Any person who asserts a false claim under the provisions of this chapter shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Upon conviction thereof, such person shall further forfeit any benefit received pursuant to this chapter and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter. 2-18-8. No indemnity payments shall be paid pursuant to this chapter unless the General Assembly appropriates not less than $5 million of state funds to the Georgia Cotton Producers Indemnity Fund of 1999, and such appropriated state funds become available to the fund on or before July 1, 1999, for the purpose of making indemnity payments. This chapter shall be repealed on July 1, 1999, if the General Assembly has not appropriated $5 million or more of state funds on or before such date to match the $5 million in federal funds made available for the purpose of making indemnity payments pursuant to the federal act. If this chapter is repealed pursuant to the provisions of this Code section, all moneys received from the United States pursuant to the federal act shall be repaid to the secretary of agriculture as provided in the federal act. If this chapter is repealed as provided in this Code section, the Commissioner and the department shall be authorized to assist the secretary of agriculture in determining eligibility of Georgia cotton producers for indemnity payments by the secretary. 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 30, 1999.

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GOVERNOR'S EDUCATION REFORM STUDY COMMISSIONCREATION. No. 43 (House Resolution No. 425). A RESOLUTION Creating the Governor's Education Reform Study Commission; to provide for the composition of the commission; to provide for the powers and duties of the commission; to provide for staff support for the commission; to provide for expenditure of funds and the payment of expenses; to provide for the expiration of the commission; and for other purposes. WHEREAS, the Quality Basic Education (QBE) Act was passed in 1985; and WHEREAS, the first generation of students to be completely under QBE enrolled in kindergarten in that year and, by 1998, have graduated from high school; and WHEREAS, an evaluation of how the key provisions of QBE have been implemented and their degree of success, especially in light of the principal recommendations of the 1983 and 1984 reports, could offer valuable insight into opportunities for reform; and WHEREAS, the citizens of the State of Georgia expect and deserve a system of public education at all levels that is of high quality, that is a source of pride which engenders their support, that is a leader among the states, that provides seamless transitions in educational opportunities, and that is accountable to the people of Georgia for its results. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is created the Governor's Education Reform Study Commission, hereinafter referred to as the commission. The Governor shall be a member of the commission and shall appoint as members of the commission such number of residents of Georgia, of recognized interest and expertise in the field of education, as he deems advisable. He shall also appoint five members of the House of Representatives in consultation with the Speaker of the House and five members of the Senate in consultation with the President of the Senate. The commission shall make a first report of its findings and recommendations, including proposed legislation if any, to the Governor and all members of the General Assembly on or before December 1, 1999, and a second report on or before April 15, 2000. SECTION 2 . The chairman of the commission shall be the Governor. The chairman shall appoint a vice chairperson who shall preside in the absence of the chairman. The commission may elect from among its membership such

Page 1069

other officers as it deems advisable. The commission may establish such quorum, attendance, and other rules of procedure as it deems advisable. The commission shall be authorized to meet for not more than 30 days unless additional days are authorized. SECTION 3 . The commission shall review the reports of the original Governor's Education Review Commission, the original Quality Basic Education Act, and any relevant changes occurring since passage of the original Act, to the extent that the commission may deem such review useful to its purpose. Said purpose shall be to identify, evaluate, and report on those principal items which, in the discretion of the commission, have most affected or could most affect the attainment of a Quality Basic Education for all students in kindergarten through the twelfth grade. Such examination may also include, at the discretion of the commission, an evaluation of the role of pre-K in such attainment. SECTION 4 . The commission shall review, evaluate, and report on the processes, mechanisms, and state of transitions from public high schools to public postsecondary institutions, as well as among the public postsecondary institutions themselves, in order to determine the degree of coordination and cooperation currently established and which may need to be established in order to maximize a student's seamless transition from one educational institution to another, as well as to maximize the efficient utilization of public resources among educational institutions. SECTION 5 . The commission shall review, evaluate, and recommend strategies through which individual school systems and schools plan and execute continuous educational improvement, obtain the assistance they need to reach improvement goals, measure the results of their efforts, and provide accountability to the public. The commission shall recommend ways to keep the public informed about the achievement level of schools and school systems over time, and it shall recommend methods of rewarding school systems and schools that significantly improve student achievement and of requiring significant improvement in underachieving school systems and schools. SECTION 6 . The commission may conduct or utilize studies, research, investigations, surveys, or other such inquiries as it deems necessary into all facets of public education. The commission is authorized to conduct meetings at such places and at such times as it considers necessary. SECTION 7 . Staff support for the commission shall be provided by the Office of the Governor with assistance from the Georgia Department of Education, the

Page 1070

Board of Regents of the University System of Georgia, the Georgia Department of Technical and Adult Education, the Office of Planning and Budget, the Legislative Budget Office, and such other additional public agencies, offices, boards, or commissions as are available and may be necessary. The chairman, with the advice and consent of the commission, may employ such other full or part-time clerical, professional, legal, technical, and other personnel as may be deemed necessary and may fix the compensation therefor, to be paid out of funds as available to the Office of the Governor. The chairman, with the advice and consent of the commission, is also authorized to contract with consultant, research, and professional firms, institutions, or agencies for the making of studies and the gathering of such information or for other purposes as deemed necessary by the commission as relevant to and consistent with this resolution. The chairman may utilize the volunteer, nonpaid services of educational or other organizations or associations. SECTION 8 . The commission and its duly authorized agents are empowered to inspect and study the records, books, and other documents of all agencies and institutions of public education, both state and local, and at all levels thereof as otherwise permitted by law; and it shall be the duty of such agencies and institutions and all officials, employees, and agents thereof to assist and cooperate with the commission in the performance of its duties. SECTION 9 . The chairman of the commission may designate and appoint committees from among the membership of the commission as well as other persons to perform such functions as he may determine to be necessary as relevant to and consistent with this resolution. The commission may itself, or acting through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information. SECTION 10 . The members of the commission who are members of the General Assembly or who are not state officers or employees shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 30 days unless additional days are authorized. The funds necessary to carry out the provisions of this section shall come from the funds appropriated to the Senate and the House of Representatives. SECTION 11 . The commission shall stand abolished April 15, 2000, and this resolution shall stand repealed April 15, 2000. Approved April 30, 1999.

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APPROPRIATIONS; S.F.Y. 1999-2000. No. 433 (House Bill No. 144). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, 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 $12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000. PART I . LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 30,510,629 Personal ServicesStaff $ 16,414,913 Personal ServicesElected Officials $ 4,053,668 Regular Operating Expenses $ 2,581,216 TravelStaff $ 109,500 TravelElected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 542,140 Equipment $ 1,155,000 Computer Charges $ 980,000 Real Estate Rentals $ 5,000 Telecommunications $ 665,000 Per Diem, Fees and ContractsStaff $ 290,036 Per Diem, Fees and ContractsElected Officials $ 2,474,356 Photography $ 100,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 30,510,629 State Funds Budgeted $ 30,510,629 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,946,540 $ 4,946,540 Lt. Governor's Office $ 952,781 $ 952,781 Secretary of the Senate's Office $ 1,269,325 $ 1,269,325 Total $ 7,168,646 $ 7,168,646 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,897,486 $ 10,897,486 Speaker of the House's Office $ 459,671 $ 459,671 Clerk of the House's Office $ 1,531,283 $ 1,531,283 Total $ 12,888,440 $ 12,888,440 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 3,200,223 $ 3,200,223 Legislative Fiscal Office $ 2,321,831 $ 2,321,831 Legislative Budget Office $ 1,154,481 $ 1,154,481 Ancillary Activities $ 3,344,464 $ 3,344,464 Budgetary Responsibility Oversight Committee $ 432,544 $ 432,544 Total $ 10,453,543 $ 10,453,543 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

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Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 26,479,279 Personal Services $ 22,574,546 Regular Operating Expenses $ 764,940 Travel $ 661,000 Motor Vehicle Purchases $ 389,624 Equipment $ 188,000 Real Estate Rentals $ 1,051,359 Per Diem, Fees and Contracts $ 587,000 Computer Charges $ 1,554,910 Telecommunications $ 276,000 Total Funds Budgeted $ 28,047,379 State Funds Budgeted $ 26,479,279 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 109,769,527 Personal Services $ 15,456,907 Other Operating $ 90,936,916 Prosecuting Attorney's Council $ 3,042,892 Judicial Administrative Districts $ 1,733,421 Payment to Council of Superior Court Clerks $ 41,000 Payment to Resource Center $ 500,000 Computerized Information Network $ 745,995 Total Funds Budgeted $ 112,457,131 State Funds Budgeted $ 109,769,527 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 7,466,962 $ 6,748,774 Court of Appeals $ 10,530,565 $ 10,480,565 Superior CourtJudges $ 41,682,565 $ 41,682,565 Superior CourtDistrict Attorneys $ 36,138,679 $ 34,598,066 Juvenile Court $ 1,374,764 $ 1,323,064 Institute of Continuing Judicial Education $ 897,312 $ 897,312 Judicial Council $ 5,828,270 $ 5,725,000 Judicial Qualifications Commission $ 206,755 $ 206,755 Indigent Defense Council $ 5,000,000 $ 5,000,000 Georgia Courts Automation Commission $ 3,030,749 $ 2,806,916 Georgia Office Of Dispute Resolution $ 300,510 $ 300,510 Total $ 112,457,131 $ 109,769,527 Section 4. Department of Administrative Services. A . Budget Unit: Department of Administrative Services $ 40,738,207 Personal Services $ 62,346,468 Regular Operating Expenses $ 12,251,749 Travel $ 504,767 Motor Vehicle Purchases $ 819,086 Equipment $ 1,850,908 Computer Charges $ 1,149,187 Real Estate Rentals $ 4,230,693 Telecommunications $ 378,031 Per Diem, Fees and Contracts $ 2,549,760 Rents and Maintenance Expense $ 11,055,372 Utilities $ 0 Payments to DOAS Fiscal Administration $ 0 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 1,292,419 Telephone Billings $ 58,080,300 Radio Billings $ 433,484 Materials for Resale $ 17,939,840 Public Safety Officers Indemnity Fund $ 522,500 Health Planning Review Board Operations $ 35,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 75,000 Alternative Fuels Grant $ 232,500 Total Funds Budgeted $ 175,795,564 State Funds Budgeted $ 40,738,207 Departmental Functional Budgets Total Funds State Funds Administration $ 15,408,112 $ 3,848,022 Support Services $ 12,695,058 $ 3,956,183 Materials Management $ 22,166,416 $ 0 Information Technology $ 115,642,224 $ 27,599,756 Risk Management $ 3,424,442 $ 522,500 State Properties Commission $ 541,329 $ 541,329 Office of the Treasury $ 1,638,409 $ 262,271 State Office of Administrative Hearings $ 4,279,574 $ 4,008,146 Total $ 175,795,564 $ 40,738,207 B . Budget Unit: Georgia Building Authority $ 0 Personal Services $ 20,803,654 Regular Operating Expenses $ 14,498,193 Travel $ 42,000 Motor Vehicle Purchases $ 200,000 Equipment $ 118,000 Computer Charges $ 325,000 Real Estate Rentals $ 15,071 Telecommunications $ 269,416 Per Diem, Fees and Contracts $ 480,000 Capital Outlay $ 0 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 36,751,334 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Administration $ 11,863,964 $ 0 Facilities Program $ 1,432,915 $ 0 Operations $ 12,025,231 $ 0 Security $ 6,609,433 $ 0 Sales $ 4,435,386 $ 0 Van Pool $ 384,405 $ 0 Total $ 36,751,334 $ 0 Section 5. Department of Agriculture. A . Budget Unit: Department of Agriculture $ 39,462,366 Personal Services $ 33,532,216 Regular Operating Expenses $ 4,270,108 Travel $ 1,060,000 Motor Vehicle Purchases $ 352,000 Equipment $ 430,673 Computer Charges $ 667,341 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 1,109,741 Market Bulletin Postage $ 983,240 Payments to Athens and Tifton Veterinary Laboratories $ 3,127,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 3,069,923 Veterinary Fees $ 275,000 Indemnities $ 35,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 803,290 Payments to Georgia Development Authority $ 0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 150,000 Capital Outlay $ 0 ContractFederation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 51,307,592 State Funds Budgeted $ 39,462,366 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,826,270 $ 8,045,270 Animal Industry $ 16,310,137 $ 13,178,002 Marketing $ 6,026,728 $ 2,351,728 Internal Administration $ 7,493,581 $ 7,306,581 Fuel and Measures $ 3,725,614 $ 3,595,914 Consumer Protection Field Forces $ 8,229,091 $ 4,984,871 Seed Technology $ 696,171 $ 0 Total $ 51,307,592 $ 39,462,366 B . Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 1,019,790 Regular Operating Expenses $ 197,000 Travel $ 3,000 Motor Vehicle Purchases $ 0 Equipment $ 5,000 Computer Charges $ 9,500 Real Estate Rentals $ 0 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 96,500 Capital Outlay $ 125,000 Goods for Resale $ 120,000 Total Funds Budgeted $ 1,583,290 State Funds Budgeted $ 0 Section 6. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 10,216,029 Personal Services $ 8,411,598 Regular Operating Expenses $ 476,873 Travel $ 403,199 Motor Vehicle Purchases $ 112,380 Equipment $ 21,022 Computer Charges $ 276,896 Real Estate Rentals $ 422,730 Telecommunications $ 77,896 Per Diem, Fees and Contracts $ 13,435 Total Funds Budgeted $ 10,216,029 State Funds Budgeted $ 10,216,029 Section 7. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 45,968,702 Personal Services $ 19,627,640 Regular Operating Expenses $ 2,505,576 Travel $ 520,883 Motor Vehicle Purchases $ 0 Equipment $ 384,214 Real Estate Rentals $ 1,451,218 Per Diem, Fees and Contracts $ 1,810,060 Computer Charges $ 703,735 Telecommunications $ 517,228 Capitol Felony Expenses $ 0 Contracts for Regional Planning and Development $ 1,861,948 Local Assistance Grants $ 16,954,672 Appalachian Regional Commission Assessment $ 133,355 HUDCommunity Development Block Pass thru Grants $ 30,000,000 Payment to Georgia Environmental Facilities Authority $ 2,429,541 Community Service Grants $ 5,000,000 Home Program $ 2,717,047 ARC-Revolving Loan Fund $ 0 Local Development Fund $ 650,000 I veto any amount above $617,500. Roy E. Barnes May 3, 1999 Payments to Georgia Music Hall of Fame $ 0 Payment to State Housing Trust Fund $ 3,281,250 Payments to Sports Hall of Fame $ 908,027 Regional Economic Business Assistance Grants $ 4,847,147 State Commission on National and Community Service $ 0 EZ/EC Administration $ 189,073 EZ/EC Grants $ 0 Regional Economic Development Grants $ 1,187,500 I veto any amount above $1,128,125. Roy E. Barnes May 3, 1999 Contracts for Homeless Assistance $ 1,250,000 HUD Section 8 Rental Assistance $ 50,000,000 Total Funds Budgeted $ 148,930,114 State Funds Budgeted $ 45,968,702 Departmental Functional Budgets Total Funds State Funds Executive Division $ 18,835,061 $ 18,470,202 Planning and Management Division $ 3,755,972 $ 3,519,560 Business and Financial Assistance Division $ 38,704,422 $ 7,175,876 Housing and Finance Division $ 7,604,642 $ 2,717,047 Accounting, Budgeting and Personnel Division $ 5,230,220 $ 3,873,837 Rental Assistance Division $ 55,269,254 $ 0 Administrative and Computer Support Division $ 3,067,667 $ 1,801,645 Georgia Music Hall of Fame Division $ 1,870,663 $ 916,894 Community Service Division $ 10,648,288 $ 3,680,002 External Affairs Division $ 3,943,925 $ 3,813,639 Total $ 148,930,114 $ 45,968,702 Section 8. Department of Corrections . A . Budget Unit: Administration, Institutions and Probation $ 838,085,617 Personal Services $ 547,869,700 Regular Operating Expenses $ 67,134,602 Travel $ 2,708,112 Motor Vehicle Purchases $ 1,924,730 Equipment $ 4,115,691 Computer Charges $ 6,162,854 Real Estate Rentals $ 6,440,280 Telecommunications $ 6,981,150 Per Diem, Fees and Contracts $ 63,608,015 Capital Outlay $ 38,000 Utilities $ 23,740,732 Court Costs $ 1,300,000 County Subsidy $ 28,980,363 County Subsidy for Jails $ 5,550,695 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,093,624 Payments to Central State Hospital for Meals $ 3,882,700 Payments to Central State Hospital for Utilities $ 1,556,055 Payments to Public Safety for Meals $ 577,160 Inmate Release Fund $ 1,527,120 Health Services Purchases $ 84,363,894 Payments to MAG for Health Care Certification $ 0 University of GeorgiaCollege of Veterinary Medicine Contracts $ 438,944 Minor Construction Fund $ 856,000 Total Funds Budgeted $ 860,850,421 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 838,085,617

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Departmental Functional Budgets Total Funds State Funds Executive Operations $ 46,388,014 $ 45,881,014 Administration $ 13,347,174 $ 13,047,174 Human Resources $ 8,414,937 $ 8,414,937 Field Probation $ 67,294,081 $ 66,814,081 Facilities $ 725,406,215 $ 703,928,411 Total $ 860,850,421 $ 838,085,617 B . Budget Unit: Board of Pardons and Paroles $ 47,926,666 Personal Services $ 37,716,380 Regular Operating Expenses $ 1,697,625 Travel $ 555,000 Motor Vehicle Purchases $ 230,000 Equipment $ 190,000 Computer Charges $ 591,200 Real Estate Rentals $ 3,038,958 Telecommunications $ 965,000 Per Diem, Fees and Contracts $ 2,062,003 County Jail Subsidy $ 860,500 Health Services Purchases $ 20,000 Total Funds Budgeted $ 47,926,666 State Funds Budgeted $ 47,926,666 Section 9. Department of Defense . Budget Unit: Department of Defense $ 6,028,907 Personal Services $ 11,750,619 Regular Operating Expenses $ 10,658,014 Travel $ 42,375 Motor Vehicle Purchases $ 0 Equipment $ 22,000 Computer Charges $ 68,625 Real Estate Rentals $ 24,400 Telecommunications $ 69,973 Per Diem, Fees and Contracts $ 584,768 Capital Outlay $ 0 Total Funds Budgeted $ 23,220,774 State Funds Budgeted $ 6,028,907

Page 1082

Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,046,583 $ 1,839,342 Georgia Air National Guard $ 6,067,958 $ 840,912 Georgia Army National Guard $ 15,106,233 $ 3,348,653 Total $ 23,220,774 $ 6,028,907 Section 10. State Board of Education Department of Education. A . Budget Unit: Department of Education $ 5,017,942,552 Operations : Personal Services $ 39,225,595 Regular Operating Expenses $ 5,286,140 Travel $ 1,174,447 Motor Vehicle Purchases $ 25,000 Equipment $ 136,347 Computer Charges $ 8,763,987 Real Estate Rentals $ 1,180,937 Telecommunications $ 2,164,455 Per Diem, Fees and Contracts $ 61,946,064 Utilities $ 793,952 Capital Outlay $ 0 QBE Formula Grants : Kindergarten/Grades 1-3 $ 1,246,928,019 Grades 4-8 $ 1,057,747,868 Grades 9-12 $ 436,873,709 High School Laboratories $ 207,679,609 Vocational Education Laboratories $ 156,945,877 Special Education $ 548,792,945 Gifted $ 98,679,526 Remedial Education $ 104,495,375 Staff Development and Professional Development $ 36,602,631 Media $ 134,010,159 Indirect Cost $ 800,161,761 Pupil Transportation $ 149,180,825 Local Fair Share $ (869,936,578) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants : Equalization Formula $ 245,908,831 Sparsity Grants $ 3,158,000 In School Suspension $ 23,951,042 Special Instructional Assistance $ 98,870,519 Middle School Incentive $ 98,811,387 Special Education LowIncidence Grants $ 620,134 Limited English-Speaking Students Program $ 28,122,176 Non-QBE Grants : Education of Children of Low-Income Families $ 235,850,010 Retirement (H.B. 272 and H.B. 1321) $ 5,508,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 1,900,000 Severely Emotionally Disturbed $ 49,186,936 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 35,282,461 State and Local Education Improvement $ 4,962,356 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 0 Regional Education Service Agencies $ 10,745,889 Georgia Learning Resources System $ 3,774,785 High School Program $ 29,034,384 Special Education in State Institutions $ 3,884,639 Governor's Scholarships $ 3,693,967 Counselors $ 13,524,863 Vocational Research and Curriculum $ 293,520 Even Start $ 2,907,636 PSAT $ 756,500 Student Record $ 0 Year 2000 Project Funding $ 1,033,871 Child Care Lunch Program (Federal) $ 89,190,742 Chapter IIBlock Grant Flow Through $ 9,913,513 Payment of Federal Funds to Board of Technical and Adult Education $ 17,650,639 Education of Homeless Children/Youth $ 749,301 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) $ 1,047,000 Health InsuranceNon-Cert. Personnel and Retired Teachers $ 99,547,892 Pre-School Handicapped Program $ 19,434,853 Mentor Teachers $ 1,250,000 Advanced Placement Exams $ 1,608,000 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,689,931 Alternative Programs $ 24,282,893 Joint Evening Programs $ 267,333 Environmental Science Grants $ 100,000 Pay for Performance $ 8,000,000 Mentoring Program $ 500,000 Charter Schools $ 1,164,604 Technology Specialist $ 15,401,810 Migrant Education $ 274,395 Total Funds Budgeted $ 5,695,263,965 Indirect DOAS Services Funding $ 0 State Funds Budgeted $ 5,017,942,552 Departmental Functional Budgets Total Funds State Funds State Administration $ 11,311,217 $ 9,316,334 Student Learning and Assessment $ 51,460,563 $ 45,606,030 Governor's Honors Program $ 1,315,708 $ 1,238,119 Quality and School Support $ 8,360,361 $ 6,071,799 Federal Programs $ 7,490,421 $ 509,849 Technology $ 19,807,783 $ 18,411,689 Professional Practices $ 0 $ 0 Local Programs $ 5,574,917,041 $ 4,919,307,775 Georgia Academy for the Blind $ 6,034,232 $ 5,623,545 Georgia School for the Deaf $ 5,106,461 $ 4,866,934 Atlanta Area School for the Deaf $ 6,305,163 $ 5,824,421 Office of School Readiness $ 3,155,015 $ 1,166,057 Total $ 5,695,263,965 $ 5,017,942,552

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B . Budget Unit: Lottery for Education $ 266,320,328 Pre-KindergartenGrants $ 217,584,428 Pre-KindergartenPersonal Service $ 2,051,953 Pre-KindergartenOperations $ 5,148,630 Applied Technology Labs $ 0 Financial and Management Equipment $ 0 Alternative Programs $ 0 Educational Technology Centers $ 858,000 Distant Learning $ 936,000 Technology Specialist $ 0 Capital Outlay $ 0 Post Secondary Options $ 4,500,000 Learning Logic Sites $ 0 Assistive Technology $ 2,500,000 Computers in the Classroom $ 32,741,317 Total Funds Budgeted $ 266,320,328 Lottery Funds Budgeted $ 266,320,328 Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 2,544,600 Regular Operating Expenses $ 235,100 Travel $ 22,000 Motor Vehicle Purchases $ 0 Equipment $ 1,450 Computer Charges $ 556,432 Real Estate Rentals $ 327,900 Telecommunications $ 44,001 Per Diem, Fees and Contracts $ 1,458,150 Benefits to Retirees $ 0 Total Funds Budgeted $ 5,189,633 State Funds Budgeted $ 0 Section 12. Forestry Commission. Budget Unit: Forestry Commission $ 35,995,572 Personal Services $ 29,908,389 Regular Operating Expenses $ 5,582,572 Travel $ 181,318 Motor Vehicle Purchases $ 1,399,402 Equipment $ 1,629,299 Computer Charges $ 276,500 Real Estate Rentals $ 22,824 Telecommunications $ 1,173,956 Per Diem, Fees and Contracts $ 979,067 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 28,500 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 0 Total Funds Budgeted $ 41,241,827 State Funds Budgeted $ 35,995,572 Departmental Functional Budgets Total Funds State Funds Reforestation $ 2,017,895 $ 19,684 Field Services $ 34,900,337 $ 31,820,448 General Administration and Support $ 4,323,595 $ 4,155,440 Total $ 41,241,827 $ 35,995,572 Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 59,472,760 Personal Services $ 43,682,563 Regular Operating Expenses $ 6,194,456 Travel $ 435,379 Motor Vehicle Purchases $ 322,360 Equipment $ 3,271,595 Computer Charges $ 677,600 Real Estate Rentals $ 380,645 Telecommunications $ 1,022,479 Per Diem, Fees and Contracts $ 3,062,016 Evidence Purchased $ 423,667 Capital Outlay $ 0 Total Funds Budgeted $ 59,472,760 State Funds Budgeted $ 59,472,760 Departmental Functional Budgets Total Funds State Funds Administration $ 4,825,405 $ 4,825,405 Investigative $ 25,075,349 $ 25,075,349 Georgia Crime Information Center $ 9,999,352 $ 9,999,352 Forensic Sciences $ 19,572,654 $ 19,572,654 Total $ 59,472,760 $ 59,472,760 Section 14. Office of the Governor. A . Budget Unit: Office of the Governor $ 36,166,694 Personal Services $ 17,703,962 Regular Operating Expenses $ 1,082,043 Travel $ 271,569 Motor Vehicle Purchases $ 30,000 Equipment $ 89,109 Computer Charges $ 461,884 Real Estate Rentals $ 1,164,007 Telecommunications $ 500,904 Per Diem, Fees and Contracts $ 7,981,012 Cost of Operations $ 3,845,501 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,000,000 Intern Program Expenses $ 148,913 Art Grants of State Funds $ 4,000,000 Art Grants of Non-State Funds $ 274,194 Humanities GrantState Funds $ 275,000 Art AcquisitionsState Funds $ 0 Children and Youth Grants $ 250,000 Juvenile Justice Grants $ 2,183,750 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 GrantsLocal EMA $ 1,085,000 GrantsOther $ 0 GrantsCivil Air Patrol $ 57,000 Transition Fund $ 0 FloodContingency $ 0 Total Funds Budgeted $ 45,228,248 State Funds Budgeted $ 36,166,694 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 7,034,414 $ 7,034,414 Office of Equal Opportunity $ 1,093,263 $ 790,292 Office of Planning and Budget $ 12,156,145 $ 12,156,145 Council for the Arts $ 5,418,436 $ 4,750,591 Office of Consumer Affairs $ 3,891,489 $ 3,693,489 Georgia Information Technology Policy Council $ 405,859 $ 405,859 Criminal Justice Coordinating Council $ 1,693,820 $ 259,384 Children and Youth Coordinating Council $ 3,051,724 $ 587,361 Human Relations Commission $ 317,635 $ 317,635 Professional Standards Commission $ 4,668,836 $ 4,668,836 Georgia Emergency Management Agency $ 5,496,627 $ 1,502,688 Governor's Commission for the Privatization of Government Services $ 0 $ 0 Total $ 45,228,248 $ 36,166,694 Section 15. Department of Human Resources. Budget Unit: Department of Human Resources $ 1,230,867,918 1 . General Administration and Support Budget : Personal Services $ 77,871,549 Regular Operating Expenses $ 3,116,580 Travel $ 1,721,500 Motor Vehicle Purchases $ 1,573,678 Equipment $ 147,113 Real Estate Rentals $ 4,760,560 Per Diem, Fees and Contracts $ 10,487,977 Computer Charges $ 45,406,656 Telecommunications $ 10,750,124 Special Purpose Contracts $ 0 Service Benefits for Children $ 47,486,389 Purchase of Service Contracts $ 57,637,804 Major Maintenance and Construction $ 123,714 Postage $ 835,252 Payments to DMA-Community Care $ 24,891,771 Grants to County DFACSOperations $ 0 Operating Expenses $ 0 Total Funds Budgeted $ 286,810,667 Indirect DOAS Services Funding $ 3,982,840 State Funds Budgeted $ 164,672,251 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,106,860 $ 1,106,860 Office of Planning and Budget Services $ 4,140,637 $ 4,140,637 Office of Adoption $ 8,137,042 $ 5,768,900 Children's Community Based Initiative $ 8,490,431 $ 8,115,431 Troubled Children's Placements $ 47,486,389 $ 34,335,726 Human Resources Development $ 1,309,648 $ 1,309,648 Rural Health $ 131,906 $ 131,906 Technology and Support $ 85,019,277 $ 47,937,806 Facilities Management $ 5,592,397 $ 4,342,901 Regulatory ServicesProgram Direction and Support $ 632,674 $ 622,674 Child Care Licensing $ 3,407,244 $ 3,380,675 Health Care Facilities Regulation $ 11,377,254 $ 5,719,338 Fraud and Abuse $ 6,629,707 $ 2,418,782 Financial Services $ 6,581,557 $ 5,499,670 Auditing Services $ 1,979,505 $ 1,979,505 Personnel Administration $ 7,014,375 $ 7,011,909 Transportation Services $ 10,345,535 $ 795,531 Indirect Cost $ 0 $ (15,265,356) Policy and Government Services $ 1,336,116 $ 1,336,116 Aging Services $ 72,751,488 $ 42,306,125 State Health Planning Agency $ 1,728,303 $ 1,628,303 DD Council $ 1,612,322 $ 49,164 Total $ 286,810,667 $ 164,672,251 2 . Public Health Budget : Personal Services $ 50,399,199 Regular Operating Expenses $ 75,185,904 Travel $ 845,166 Motor Vehicle Purchases $ 0 Equipment $ 195,367 Real Estate Rentals $ 1,322,100 Per Diem, Fees and Contracts $ 5,147,854 Computer Charges $ 0 Telecommunications $ 988,294 Special Purpose Contracts $ 334,732 Purchase of Service Contracts $ 18,030,389 Grant-In-Aid to Counties $ 141,315,899 Major Maintenance and Construction $ 0 Postage $ 190,382 Medical Benefits $ 4,222,222 Total Funds Budgeted $ 298,177,508 Indirect DOAS Services Funding $ 324,160 State Funds Budgeted $ 160,606,344 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,946,284 $ 12,861,747 Newborn Follow-Up Care $ 1,451,728 $ 1,173,625 Oral Health $ 1,773,195 $ 1,448,020 Stroke and Heart Attack Prevention $ 2,150,085 $ 1,037,473 Sickle Cell, Vision and Hearing $ 4,729,381 $ 3,962,562 High-Risk Pregnant Women and Infants $ 4,967,119 $ 4,967,119 Sexually Transmitted Diseases $ 3,186,292 $ 1,071,786 Family Planning $ 11,164,563 $ 5,973,106 Women, Infants and Children Nutrition $ 84,198,994 $ 0 Grant in Aid to Counties $ 70,013,628 $ 69,065,490 Children's Medical Services $ 13,393,781 $ 6,707,955 Emergency Health $ 3,690,518 $ 2,314,805 Primary Health Care $ 1,829,690 $ 1,718,963 Epidemiology $ 1,952,575 $ 1,375,707 Immunization $ 1,613,347 $ 0 Community Tuberculosis Control $ 5,866,530 $ 4,327,851 Family Health Management $ 845,350 $ 655,972 Infant and Child Health $ 922,855 $ 667,012 Maternal HealthPerinatal $ 2,754,764 $ 1,226,254 Chronic Disease $ 226,333 $ 226,333 Diabetes $ 160,127 $ 160,127 Cancer Control $ 4,313,435 $ 4,313,435 Director's Office $ 2,043,080 $ 1,766,381 Injury Control $ 453,245 $ 310,607 Vital Records $ 2,032,220 $ 1,770,595 Health Services Research $ 560,901 $ 560,901 Environmental Health $ 2,028,783 $ 1,516,910 Laboratory Services $ 6,979,381 $ 6,709,381 Community Health Management $ 186,876 $ 186,876 AIDS $ 12,182,612 $ 7,622,605 Drug and Clinic Supplies $ 10,478,458 $ 2,351,130 Adolescent Health $ 13,363,514 $ 3,012,502 Public HealthPlanning Councils $ 163,930 $ 146,433 Early Intervention $ 13,553,934 $ 11,121,580 Public HealthDivision Indirect Cost $ 0 $ (1,724,899) Total $ 298,177,508 $ 160,606,344 3 . Rehabilitation Services Budget : Personal Services $ 84,774,755 Regular Operating Expenses $ 11,510,741 Travel $ 1,567,496 Motor Vehicle Purchases $ 50,582 Equipment $ 750,000 Real Estate Rentals $ 5,157,160 Per Diem, Fees and Contracts $ 10,827,699 Computer Charges $ 302,541 Telecommunications $ 2,360,907 Case Services $ 32,289,559 Special Purpose Contracts $ 735,245 Purchase of Services Contracts $ 11,963,883 Major Maintenance and Construction $ 255,000 Utilities $ 859,650 Postage $ 649,007 Total Funds Budgeted $ 164,054,225 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 25,156,178 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services $ 62,151,497 $ 13,442,703 Independent Living $ 848,949 $ 413,969 Employability Services $ 511,903 $ 511,903 Community Facilities $ 10,471,695 $ 2,851,205 Program Direction and Support $ 1,703,053 $ 595,138 Grants Management $ 744,540 $ 744,540 Disability Adjudication $ 46,924,474 $ 0 Georgia Factory for Blind $ 12,038,051 $ 677,526 Roosevelt Warm Springs Institute $ 28,660,063 $ 5,919,194 Total $ 164,054,225 $ 25,156,178 4 . Family and Children Services Budget : Personal Services $ 21,678,929 Regular Operating Expenses $ 4,201,014 Travel $ 802,623 Motor Vehicle Purchases $ 0 Equipment $ 443,950 Real Estate Rentals $ 3,695,697 Per Diem, Fees and Contracts $ 27,133,035 Computer Charges $ 0 Telecommunications $ 1,096,679 Children's Trust Fund $ 4,150,439 Cash Benefits $ 223,678,326 Special Purpose Contracts $ 7,087,433 Service Benefits for Children $ 290,045,339 Purchase of Service Contracts $ 36,016,860 Postage $ 2,037,559 Grants to County DFACSOperations $ 356,494,495 Total Funds Budgeted $ 978,562,378 Indirect DOAS Services Funding $ 0 State Funds Budgeted $ 361,366,593 Departmental Functional Budgets Total State Funds Director's Office $ 571,110 $ 571,110 Social Services $ 3,948,568 $ 3,436,527 Administrative Support $ 2,824,216 $ 2,544,913 Quality Assurance $ 4,358,055 $ 4,358,055 Community Services $ 11,727,646 $ 1,447,273 Field Management $ 1,414,691 $ 1,414,691 Human Resources Management $ 2,486,614 $ 1,480,823 Public Assistance $ 5,102,565 $ 3,206,455 Child Support Enforcement $ 40,269,205 $ 4,727,798 Temporary Assistance for Needy Families $ 213,387,764 $ 48,247,444 SSISupplemental Benefits $ 1,122,012 $ 1,122,012 Refugee Programs $ 2,795,420 $ 0 Energy Benefits $ 7,223,130 $ 0 County DFACS OperationsEligibility $ 123,632,305 $ 60,678,281 County DFACS OperationsSocial Services $ 103,149,456 $ 40,130,107 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS OperationsHomemakers Services $ 8,895,675 $ 2,776,636 County DFACS OperationsJoint and Administration $ 71,833,381 $ 35,806,261 County DFACS OperationsEmployability Program $ 23,476,986 $ 9,021,901 County DFACS OperationsChild Support Enforcement $ 25,506,692 $ 8,840,833 Employability Benefits $ 45,557,515 $ 15,861,742 Legal Services $ 4,290,503 $ 2,520,990 Family Foster Care $ 38,060,179 $ 24,894,367 Institutional Foster Care $ 16,053,415 $ 11,680,907 Specialized Foster Care $ 6,646,142 $ 5,798,815 Adoption Supplement $ 19,610,612 $ 14,010,181 Prevention of Foster Care $ 10,044,785 $ 8,218,081 Day Care $ 173,320,622 $ 50,186,937 Special Projects $ 3,911,923 $ 3,871,923 Children's Trust Fund $ 4,150,439 $ 4,150,439 Indirect Cost $ 0 $ (9,638,909) Total $ 978,562,378 $ 361,366,593 5 . Community Mental Health/Mental Retardation and Institutions : Personal Services $ 293,295,312 Operating Expenses $ 52,657,744 Motor Vehicle Equipment Purchases $ 200,000 Utilities $ 10,063,915 Major Maintenance and Construction $ 1,962,161 Community Services $ 353,690,083 Total Funds Budgeted $ 711,869,215 Indirect DOAS Services Funding $ 1,313,100 State Funds Budgeted $ 519,066,552 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 37,036,140 $ 22,245,428 Augusta Regional Hospital $ 16,131,278 $ 14,242,886 Northwest Regional Hospital at Rome $ 27,830,705 $ 18,595,919 Georgia Regional Hospital at Atlanta $ 42,239,588 $ 34,817,049 Central State Hospital $ 119,485,723 $ 76,153,009 Georgia Regional Hospital at Savannah $ 17,726,875 $ 16,810,646 Gracewood State School and Hospital $ 54,132,832 $ 26,227,207 West Central Regional Hospital $ 20,153,444 $ 17,998,370 Outdoor Therapeutic Programs $ 3,979,277 $ 3,053,581 Metro Drug Abuse Centers $ 1,128,850 $ 991,362 Substance Abuse Residential Services $ 564,692 $ 0 Community Mental Health Services $178,206,045 $ 172,274,914 Community Mental Retardation Services $ 96,290,786 $ 65,118,307 Community Substance Abuse Services $ 81,841,045 $ 39,291,808 State Administration $ 9,938,434 $ 6,848,643 Regional Administration $ 5,183,501 $ 4,397,423 Total $711,869,215 $ 519,066,552 Budget Unit Object Classes : Personal Services $ 528,019,744 Regular Operating Expenses $ 94,014,239 Travel $ 4,936,785 Motor Vehicle Purchases $ 1,824,260 Equipment $ 1,536,430 Real Estate Rentals $ 14,935,517 Per Diem, Fees and Contracts $ 53,596,565 Computer Charges $ 45,709,197 Telecommunications $ 15,196,004 Operating Expenses $ 52,657,744 Community Services $ 353,690,083 Case Services $ 32,289,559 Children's Trust Fund $ 4,150,439 Cash Benefits $ 223,678,326 Special Purpose Contracts $ 8,157,410 Service Benefits for Children $ 337,531,728 Purchase of Service Contracts $ 123,648,936 Grant-In-Aid to Counties $ 141,315,899 Major Maintenance and Construction $ 2,340,875 Utilities $ 10,923,565 Postage $ 3,712,200 Payments to DMA-Community Care $ 24,891,771 Grants to County DFACSOperations $ 356,494,495 Medical Benefits $ 4,222,222

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Section 16. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 26,897,846 Personal Services $ 11,634,405 Regular Operating Expenses $ 1,454,492 Travel $ 562,389 Motor Vehicle Purchases $ 45,000 Equipment $ 93,724 Computer Charges $ 409,336 Real Estate Rentals $ 844,245 Telecommunications $ 422,215 Per Diem, Fees and Contracts $ 1,566,887 Local Welcome Center Contracts $ 250,600 Marketing $ 8,139,553 Georgia Ports Authority Lease Rentals $ 0 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Georgia World Congress Center $ 1,425,000 Total Funds Budgeted $ 26,897,846 State Funds Budgeted $ 26,897,846 Departmental Functional Budgets Total Funds State Funds Administration $ 12,608,047 $ 12,608,047 Economic Development $ 4,380,423 $ 4,380,423 Trade $ 1,921,547 $ 1,921,547 Tourism $ 4,229,658 $ 4,229,658 Georgia Legacy $ 965,270 $ 965,270 Strategic Planning and Research $ 2,792,901 $ 2,792,901 Total $ 26,897,846 $ 26,897,846 Section 17. Department of Insurance . Budget Unit: Department of Insurance $ 15,341,852 Personal Services $ 14,233,146 Regular Operating Expenses $ 683,241 Travel $ 371,713 Motor Vehicle Purchases $ 95,000 Equipment $ 34,275 Computer Charges $ 146,378 Real Estate Rentals $ 784,991 Telecommunications $ 317,912 Per Diem, Fees and Contracts $ 144,658 Health Care Utilization Review $ 0 Total Funds Budgeted $ 16,811,314 State Funds Budgeted $ 15,341,852 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,650,676 $ 4,650,676 Insurance Regulation $ 5,672,360 $ 5,672,360 Industrial Loans Regulation $ 605,057 $ 605,057 Fire Safety and Mobile Home Regulations $ 5,058,822 $ 3,589,360 Special Insurance Fraud Fund $ 824,399 $ 824,399 Total $ 16,811,314 $ 15,341,852 Section 18. Department of Juvenle Justice . Budget Unit: Department of Juvenile Justice $ 244,981,361 Personal Services $ 144,091,378 Regular Operating Expenses $ 14,543,151 Travel $ 1,346,330 Motor Vehicle Purchases $ 291,576 Equipment $ 512,674 Computer Charges $ 2,565,688 Real Estate Rentals $ 1,983,856 Telecommunications $ 1,951,488 Per Diem, Fees and Contracts $ 19,578,449 Utilities $ 3,678,520 Institutional Repairs and Maintenance $ 652,485 Grants to County-Owned Detention Centers $ 0 Service Benefits for Children $ 25,599,825 Purchase of Service Contracts $ 34,741,258 Capital Outlay $ 0 Juvenile Justice Reserve $ 0 Total Funds Budgeted $ 251,536,678 State Funds Budgeted $ 244,981,361

Page 1099

Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 53,022,499 $ 51,415,421 Bill Ireland YDC $ 19,130,568 $ 18,448,806 Augusta State YDC $ 11,903,757 $ 11,397,327 Lorenzo Benn YDC $ 7,169,215 $ 6,919,231 Macon State YDC $ 8,013,043 $ 7,692,671 Wrightsville YDC $ 17,129,644 $ 16,461,554 YDC Purchased Services $ 29,246,097 $ 28,415,922 Eastman YDC $ 12,381,105 $ 12,021,105 Court Services $ 24,077,139 $ 23,814,644 Day Centers $ 528,224 $ 528,224 Group Homes $ 1,143,330 $ 1,143,330 CYS Purchased Services $ 26,541,199 $ 25,582,866 Georgia Addiction Pregnancy and Parenting Project $ 0 $ 0 Law Enforcement Office $ 2,500,815 $ 2,500,815 Assessment and Classification $ 563,529 $ 563,529 Multi-Service Centers $ 4,111,143 $ 4,021,143 Youth Services Administration $ 32,537,023 $ 32,516,425 Office of Training $ 1,538,348 $ 1,538,348 Total $ 251,536,678 $ 244,981,361 Section 19. Department of Labor . Budget Unit: Department of Labor $ 11,854,273 Personal Services $ 79,196,888 Regular Operating Expenses $ 6,580,372 Travel $ 1,419,181 Motor Vehicle Purchases $ 0 Equipment $ 413,385 Computer Charges $ 2,179,103 Real Estate Rentals $ 1,920,544 Telecommunications $ 1,759,042 Per Diem, Fees and Contracts (JTPA) $ 54,500,000 Per Diem, Fees and Contracts $ 5,402,607 W.I.N. Grants $ 0 Payments to State Treasury $ 1,287,478 Capital Outlay $ 0 Total Funds Budgeted $ 154,658,600 State Funds Budgeted $ 11,854,273 Section 20. Department of Law . Budget Unit: Department of Law $ 14,624,689 Personal Services $ 13,921,100 Regular Operating Expenses $ 717,235 Travel $ 199,322 Motor Vehicle Purchases $ 21,000 Equipment $ 17,350 Computer Charges $ 305,201 Real Estate Rentals $ 826,548 Telecommunications $ 162,924 Per Diem, Fees and Contracts $ 16,160,000 Books for State Library $ 147,000 Total Funds Budgeted $ 32,477,680 State Funds Budgeted $ 14,624,689 Section 21. Department of Medical Asistance . A. Budget Unit: Medicaid Services $ 1,216,533,658 Personal Services $ 20,915,569 Regular Operating Expenses $ 5,761,605 Travel $ 323,200 Motor Vehicle Purchases $ 0 Equipment $ 59,000 Computer Charges $ 40,793,240 Real Estate Rentals $ 922,375 Telecommunications $ 609,000 Per Diem, Fees and Contracts $ 63,680,320 Medicaid Benefits, Penalties and Disallowances $ 3,279,226,252 Audit Contracts $ 1,097,500 Total Funds Budgeted $ 3,413,388,061 State Funds Budgeted $ 1,216,533,658

Page 1101

Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,874,156 $ 862,761 Benefits, Penalties and Disallowances $ 3,279,226,252 $ 1,185,128,206 System Management $ 47,330,252 $ 14,457,315 Indemnity Chronic Care $ 6,483,432 $ 2,437,118 Quality, Eligibility and Third Party Liability $ 3,403,984 $ 1,521,556 Reimbursement Services $ 3,707,800 $ 1,799,755 Indemnity Acute Care $ 7,551,082 $ 2,636,861 Legal and Regulatory $ 7,588,468 $ 3,026,094 Managed Care $ 4,102,619 $ 2,004,846 General Administration $ 52,120,016 $ 2,659,146 Total $ 3,413,388,061 $ 1,216,533,658 B . Budget Unit: Indigent Trust Fund $ 148,828,880 Per Diem, Fees and Contracts $ 8,200,000 Benefits $ 360,067,504 Total Funds Budgeted $ 368,267,504 State Funds Budgeted $ 148,828,880 C . Budget Unit: Peach Care for Kids $ 17,189,386 Personal Services $ 418,478 Regular Operating Expenses $ 120,254 Travel $ 50,000 Motor Vehicle Purchases $ 0 Equipment $ 1,155 Computer Charges $ 250,000 Real Estate Rentals $ 0 Telecommunications $ 12,350 Per Diem, Fees and Contracts $ 5,325,376 Peach Care Benefits $ 55,526,847 Total Funds Budgeted $ 61,704,460 State Funds Budgeted $ 17,189,386

Page 1102

Section 22. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 9,624,670 Regular Operating Expenses $ 1,871,612 Travel $ 101,147 Equipment $ 31,000 Real Estate Rents $ 903,086 Per Diem, Fees and Contracts $ 301,559,026 Computer Charges $ 3,411,485 Telecommunications $ 357,867 Health Insurance Payments $ 974,927,057 Total Funds Budgeted $ 1,292,786,950 Federal Funds $ 0 Other Agency Funds $ 3,924,324 Agency Assessments $ 10,187,427 Employee and Employer Contributions $ 1,278,326,826 Deferred Compensation $ 348,373 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Executive Office $ 1,723,686 $ 0 Human Resource Administration $ 4,694,838 $ 0 Employee Benefits $ 1,281,384,810 $ 0 Internal Administration $ 4,983,616 $ 0 Children's Health Insurance Program $ 0 $ 0 Total $ 1,292,786,950 $ 0 Section 23. Department of Natural Resources . A . Budget Unit: Department of Natural Resources $ 104,322,654 Personal Services $ 79,461,349 Regular Operating Expenses $ 14,125,653 Travel $ 670,557 Motor Vehicle Purchases $ 1,683,825 Equipment $ 2,231,981 Real Estate Rentals $ 2,477,014 Per Diem, Fees and Contracts $ 7,382,858 Computer Charges $ 774,458 Telecommunications $ 1,318,709 Authority Lease Rentals $ 0 Advertising and Promotion $ 675,000 Cost of Material for Resale $ 1,285,056 Capital Outlay : New Construction $ 1,831,176 Repairs and Maintenance $ 2,875,500 Land Acquisition Support $ 243,750 Wildlife Management Area Land Acquisition $ 722,330 Shop StockParks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 74,250 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants : Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 341,000 Recreation $ 0 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 $ 209,438 U. S. Geological Survey for Ground Water Resources $ 300,000 U. S. Geological Survey for Topographic Mapping $ 0 Payments to Civil War Commission $ 143,000 Hazardous Waste Trust Fund $ 7,595,077 Solid Waste Trust Fund $ 6,132,574 Payments to Georgia Agricultural Exposition Authority $ 2,578,492 Payments to McIntosh County $ 100,000 Georgia Regional Transportation Authority $ 1,000,000 Total Funds Budgeted $ 139,353,094 Receipts from Jekyll Island State Park Authority $ 892,085 Receipts from Stone Mountain Memorial Association $ 0 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,432,064 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 104,322,654 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 5,209,101 $ 5,194,101 Program Support $ 5,405,177 $ 5,405,177 Historic Preservation $ 2,770,584 $ 2,280,584 Parks, Recreation and Historic Sites $ 38,780,933 $ 19,512,185 Coastal Resources $ 2,409,952 $ 2,285,234 Wildlife Resources $ 37,923,133 $ 32,576,342 Environmental Protection $ 45,916,699 $ 36,131,516 Pollution Prevention Assistance $ 937,515 $ 937,515 Total $ 139,353,094 $ 104,322,654 B . Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 3,050,798 Regular Operating Expenses $ 2,200,778 Travel $ 25,000 Motor Vehicle Purchases $ 0 Equipment $ 195,000 Computer Charges $ 40,000 Real Estate Rentals $ 0 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 795,000 Capital Outlay $ 0 Total Funds Budgeted $ 6,376,576 State Funds Budgeted $ 0

Page 1105

Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 6,376,576 $ 0 Section 24. Department of Public Safety . A . Budget Unit: Department of Public Safety $ 107,104,583 1 . Operations Budget : Personal Services $ 64,997,358 Regular Operating Expenses $ 7,721,357 Travel $ 104,095 Motor Vehicle Purchases $ 4,311,500 Equipment $ 288,190 Computer Charges $ 3,156,710 Real Estate Rentals $ 28,962 Telecommunications $ 1,944,147 Per Diem, Fees and Contracts $ 1,132,000 State Patrol Posts Repairs and Maintenance $ 145,100 Capital Outlay $ 0 Conviction Reports $ 0 Total Funds Budgeted $ 83,829,419 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 82,179,419 2 . Driver Services Budget : Personal Services $ 20,226,420 Regular Operating Expenses $ 1,112,113 Travel $ 61,941 Motor Vehicle Purchases $ 0 Equipment $ 62,343 Computer Charges $ 0 Real Estate Rentals $ 47,262 Telecommunications $ 273,300 Per Diem, Fees and Contracts $ 69,000 Capital Outlay $ 0 Conviction Reports $ 303,651 State Patrol Posts Repairs and Maintenance $ 34,900 Driver License Processing $ 2,734,234 Total Funds Budgeted $ 24,925,164 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 24,925,164

Page 1106

Departmental Functional Budgets Total Funds State Funds Administration $ 22,544,867 $ 21,044,867 Driver Services $ 24,925,164 $ 24,925,164 Field Operations $ 61,284,552 $ 61,134,552 Total $ 108,754,583 $ 107,104,583 B . Budget Unit: Units Attached for Administrative Purposes Only $ 14,447,504 Attached Units Budget : Personal Services $ 8,486,817 Regular Operating Expenses $ 2,553,964 Travel $ 83,389 Motor Vehicle Purchases $ 80,541 Equipment $ 172,746 Computer Charges $ 158,185 Real Estate Rentals $ 160,247 Telecommunications $ 266,073 Per Diem, Fees and Contracts $ 413,531 Highway Safety Grants $ 2,425,200 Peace Officers Training Grants $ 3,578,582 Capital Outlay $ 0 Total Funds Budgeted $ 18,379,275 State Funds Budgeted $ 14,447,504 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,163,294 $ 381,523 Georgia Peace Officers Standards and Training $ 1,523,510 $ 1,523,510 Police Academy $ 1,185,709 $ 1,095,709 Fire Academy $ 1,159,178 $ 1,049,178 Georgia Firefighters Standards and Training Council $ 460,750 $ 460,750 Georgia Public Safety Training Facility $ 10,886,834 $ 9,936,834 Total $ 18,379,275 $ 14,447,504 Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 18,602,000 Payments to Employees' Retirement System $ 575,000 Employer Contributions $ 18,027,000 Total Funds Budgeted $ 18,602,000 State Funds Budgeted $ 18,602,000 Section 26. Public Service Commission. Budget Unit: Public Service Commission $ 9,221,609 Personal Services $ 8,650,722 Regular Operating Expenses $ 599,588 Travel $ 255,400 Motor Vehicle Purchases $ 237,624 Equipment $ 58,306 Computer Charges $ 378,286 Real Estate Rentals $ 327,795 Telecommunications $ 220,072 Per Diem, Fees and Contracts $ 1,334,291 Total Funds Budgeted $ 12,062,084 State Funds Budgeted $ 9,221,609 Departmental Functional Budgets Total Funds State Funds Administration $ 2,801,932 $ 2,801,932 Transportation $ 4,181,046 $ 1,613,882 Utilities $ 5,079,106 $ 4,805,795 Total $ 12,062,084 $ 9,221,609 Section 27. Board of Regents, University System of Georgia. A . Budget Unit: Resident Instruction $ 1,407,280,159 Personal Services: Educ., Gen., and Dept. Svcs $ 1,529,074,116 Sponsored Operations $ 215,731,047 Operating Expenses: Educ., Gen., and Dept. Svcs $ 371,180,532 Sponsored Operations $ 637,169,805 Special Funding Initiative $ 46,940,528 Office of Minority Business Enterprise $ 1,131,712 Student Education Enrichment Program $ 365,217 Forestry Research $ 979,646 Research Consortium $ 4,535,000 Capital Outlay $ 185,000 Total Funds Budgeted $ 2,807,292,603 Departmental Income $ 103,648,940 Sponsored Income $ 852,900,852 Other Funds $ 440,423,152 Indirect DOAS Services Funding $ 3,039,500 State Funds Budgeted $ 1,407,280,159 B . Budget Unit: Regents Central Office and Other Organized Activities $ 200,005,882 Personal Services: Educ., Gen., and Dept. Svcs $ 301,763,582 Sponsored Operations $ 116,575,795 Operating Expenses: Educ., Gen., and Dept. Svcs $ 130,825,484 Sponsored Operations $ 68,133,453 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,683,909 Advanced Technology Development Center/Economic Development Institute $ 17,900,052 Seed Capital FundATDC $ 2,500,000 Capitation Contracts for Family Practice Residency $ 4,347,200 Residency Capitation Grants $ 1,950,313 Student Preceptorships $ 175,000 Mercer Medical School Grant $ 8,110,000 Morehouse School of Medicine Grant $ 7,394,890 Capital Outlay $ 300,000 Center for Rehabilitation Technology $ 5,184,122 SREB Payments $ 5,267,875 Medical Scholarships $ 1,520,467 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 0 Rental Payments to Georgia Military College $ 1,387,150 CRT Inc. Contract at Georgia Tech Research Institute $ 127,604 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 16,193,250 Pediatric Residency Capitation Contracts $ 474,240 Preventive Medicine Capitation Grants $ 30,000 Area Health Education Center Contracts $ 600,000 Total Funds Budgeted $ 694,044,386 Departmental Income $ 3,576,811 Sponsored Income $ 195,411,819 Other Funds $ 294,506,374 Indirect DOAS Services Funding $ 543,500 State Funds Budgeted $ 200,005,882 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 2,411,940 $ 1,548,915 Skidaway Institute of Oceanography $ 5,247,450 $ 1,747,781 Marine Institute $ 1,857,769 $ 1,091,077 Georgia Tech Research Institute $ 111,017,128 $ 9,969,762 Advanced Technology Development Center/Economic Development Institute $ 20,400,052 $ 10,913,343 Agricultural Experiment Station $ 71,690,038 $ 43,731,403 Cooperative Extension Service $ 57,718,173 $ 35,219,986 Medical College of Georgia Hospital and Clinics $ 351,835,837 $ 35,739,071 Veterinary Medicine Experiment Station $ 3,334,563 $ 3,334,563 Veterinary Medicine Teaching Hospital $ 5,282,120 $ 547,294 Georgia Board for Physician Workforce $ 27,454,619 $ 27,454,619 Georgia Radiation Therapy Center $ 3,625,810 $ 0 Athens and Tifton Veterinary Laboratories $ 3,458,128 $ 104,158 Regents Central Office $ 28,710,759 $ 28,603,910 Total $ 694,044,386 $ 200,005,882 C . Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 10,693,587 Operating Expenses $ 8,576,118 General Programming $ 3,889,958 Distance Learning Programming $ 4,702,234 Total Funds Budgeted $ 27,861,897 Other Funds $ 27,861,897 State Funds Budgeted $ 0 D . Budget Unit: Lottery for Education $ 25,966,000 Equipment, Technology and Construction Trust Fund $ 15,000,000 Georgia Public Telecommunications Commission $ 2,000,000 Internet Connection Initiative $ 1,500,000 Special Funding Initiatives $ 7,466,000 Total Funds Budgeted $ 25,966,000 Lottery Funds Budgeted $ 25,966,000 Section 28. Department of Revenue . Budget Unit: Department of Revenue $ 182,208,105 Personal Services $ 65,316,969 Regular Operating Expenses $ 5,194,173 Travel $ 1,137,518 Motor Vehicle Purchases $ 209,605 Equipment $ 313,114 Computer Charges $ 11,211,564 Real Estate Rentals $ 2,914,564 Telecommunications $ 2,872,830 Per Diem, Fees and Contracts $ 1,201,600 County Tax Officials/Retirement and FICA $ 3,422,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,404,350 Postage $ 3,484,810 Investment for Modernization $ 4,902,668 Homeowner Tax Relief Grants $ 83,000,000 Total Funds Budgeted $ 187,586,560 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 182,208,105 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 21,015,083 $ 21,015,083 Internal Administration $ 5,388,828 $ 5,238,828 Information Systems $ 9,116,330 $ 8,101,130 Field Services $ 17,643,052 $ 17,503,052 Income Tax Unit $ 8,710,359 $ 8,410,359 Motor Vehicle Unit $ 17,594,280 $ 16,294,280 Central Audit Unit $ 8,613,241 $ 8,613,241 Property Tax Unit $ 87,715,302 $ 85,981,847 Sales Tax Unit $ 4,555,574 $ 4,455,574 State Board of Equalization $ 20,000 $ 20,000 Taxpayer Accounting $ 4,531,401 $ 3,891,601 Alcohol and Tobacco $ 2,683,110 $ 2,683,110 Total $ 187,586,560 $ 182,208,105 Section 29. Secretary of State . A . Budget Unit: Secretary of State $ 30,036,524 Personal Services $ 19,025,603 Regular Operating Expenses $ 3,142,089 Travel $ 235,650 Motor Vehicle Purchases $ 168,720 Equipment $ 132,876 Computer Charges $ 3,002,695 Real Estate Rentals $ 2,549,846 Telecommunications $ 805,637 Per Diem, Fees and Contracts $ 1,377,508 Election Expenses $ 640,900 Total Funds Budgeted $ 31,081,524 State Funds Budgeted $ 30,036,524 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,372,012 $ 4,342,012 Archives and Records $ 5,136,308 $ 5,061,308 Business ServicesCorporations $ 2,594,443 $ 1,874,443 Business ServicesSecurities $ 2,056,834 $ 2,006,834 Elections and Campaign Disclosure $ 4,523,184 $ 4,503,184 Drugs and Narcotics $ 1,351,977 $ 1,351,977 State Ethics Commission $ 349,165 $ 349,165 State Examining Boards $ 10,451,204 $ 10,301,204 Holocaust Commission $ 246,397 $ 246,397 Total $ 31,081,524 $ 30,036,524 B . Budget Unit: Real Estate Commission $ 2,295,018 Personal Services $ 1,431,235 Regular Operating Expenses $ 175,000 Travel $ 18,000 Motor Vehicle Purchases $ 30,000 Equipment $ 7,665 Computer Charges $ 268,033 Real Estate Rentals $ 170,085 Telecommunications $ 62,000 Per Diem, Fees and Contracts $ 133,000 Total Funds Budgeted $ 2,295,018 State Funds Budgeted $ 2,295,018 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,295,018 $ 2,335,018

Page 1113

Section 30. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 2,213,295 Personal Services $ 1,468,506 Regular Operating Expenses $ 389,285 Travel $ 39,850 Motor Vehicle Purchases $ 28,914 Equipment $ 13,253 Computer Charges $ 10,300 Real Estate Rentals $ 122,258 Telecommunications $ 26,926 Per Diem, Fees and Contracts $ 415,407 County Conservation Grants $ 58,846 Total Funds Budgeted $ 2,573,545 State Funds Budgeted $ 2,213,295 Section 31. Student Finance Commission . A . Budget Unit: Student Finance Commission $ 32,925,800 Personal Services $ 532,701 Regular Operating Expenses $ 22,680 Travel $ 18,600 Motor Vehicle Purchases $ 0 Equipment $ 5,500 Computer Charges $ 25,233 Real Estate Rentals $ 59,589 Telecommunications $ 18,691 Per Diem, Fees and Contracts $ 52,653 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,610,455 Tuition Equalization Grants $ 25,735,636 Student Incentive Grants $ 0 Law Enforcement Personnel Dependents' Grants $ 81,700 North Georgia College ROTC Grants $ 320,625 North Georgia College Graduates Scholarship $ 65,075 Osteopathic Medical Loans $ 95,000 Georgia Military Scholarship Grants $ 767,950 Paul Douglas Teacher Scholarship Loans $ 0 Work Incentive for Students $ 513,712 Total Funds Budgeted $ 32,925,800 State Funds Budgeted $ 32,925,800

Page 1114

Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority $ 32,190,153 $ 32,190,153 Georgia Nonpublic Postsecondary Education Commission $ 735,647 $ 735,647 Total $ 32,925,800 $ 32,925,800 B . Budget Unit: Lottery for Education $ 231,075,489 HOPE Financial AidTuition $ 133,664,540 HOPE Financial AidBooks $ 33,481,035 HOPE Financial AidFees $ 26,740,907 Tuition Equalization Grants $ 0 Hope ScholarshipsPrivate Colleges $ 30,936,000 Georgia Military College Scholarship $ 815,562 LEPD Scholarship $ 242,445 Teacher Scholarships $ 3,500,000 Promise Scholarships $ 1,095,000 Engineer Scholarships $ 600,000 Total Funds Budgeted $ 231,075,489 Lottery Funds Budgeted $ 231,075,489 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,515,000 Personal Services $ 6,327,632 Regular Operating Expenses $ 342,300 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 3,950 Computer Charges $ 971,717 Real Estate Rentals $ 527,355 Telecommunications $ 184,987 Per Diem, Fees and Contracts $ 329,300 Employee Benefits $ 0 Retirement System Members $ 3,300,000 Floor Fund for Local Retirement Systems $ 215,000 H.B.203Teachers' Accrued Sick Leave $ 0 Total Funds Budgeted $ 12,222,741 State Funds Budgeted $ 3,515,000

Page 1115

Section 33. Department of Technical and Adult Education. A . Budget Unit: Department of Technical and Adult Education $ 257,050,782 Personal Services $ 7,365,399 Regular Operating Expenses $ 598,890 Travel $ 177,380 Motor Vehicle Purchases $ 0 Equipment $ 184,271 Real Estate Rentals $ 784,529 Per Diem, Fees and Contracts $ 450,787 Computer Charges $ 1,009,682 Telecommunications $ 146,786 Salaries and Travel of Public Librarians $ 16,251,603 Public Library Materials $ 6,045,458 Talking Book Centers $ 1,104,526 Public Library Maintenance and Operation $ 8,025,736 Capital Outlay $ 330,000 Personal Services-Institutions $ 195,659,984 Operating Expenses-Institutions $ 59,198,051 Area School Program $ 6,218,967 Adult Literacy Grants $ 19,420,938 Regents Program $ 3,600,628 Quick Start Program $ 8,733,492 Total Funds Budgeted $ 335,307,107 State Funds Budgeted $ 257,050,782 Departmental Functional Budgets Total Funds State Funds Administration $ 10,717,724 $ 7,634,074 Institutional Programs $ 324,589,383 $ 249,416,708 Total $ 335,307,107 $ 257,050,782 B . Budget Unit: Lottery for Education $ 19,638,183 Computer Laboratories and Satellite Dishes-Adult Literacy $ 0 Capital Outlay $ 250,000 Capital OutlayTechnical Institute Satellite Facilities $ 0 Equipment-Technical Institutes $ 19,388,183 Repairs and RenovationsTechnical Institutes $ 0 Total Funds Budgeted $ 19,638,183 Lottery Funds Budgeted $ 19,638,183 Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 575,390,231 Personal Services $ 265,143,196 Regular Operating Expenses $ 62,077,029 Travel $ 2,038,150 Motor Vehicle Purchases $ 2,014,565 Equipment $ 7,899,810 Computer Charges $ 15,058,380 Real Estate Rentals $ 1,336,773 Telecommunications $ 3,863,919 Per Diem, Fees and Contracts $ 67,848,518 Capital Outlay $ 1,004,132,994 Capital OutlayAirport Aid Program $ 3,241,866 Mass Transit Grants $ 7,993,283 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 710,855 Contracts with the Georgia Rail Passenger Authority $ 337,838 Total Funds Budgeted $ 1,443,697,176 State Funds Budgeted $ 575,390,231 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 1,136,834,136 $ 290,568,554 Maintenance and Betterments $ 236,825,931 $ 224,343,946 Facilities and Equipment $ 17,859,379 $ 17,299,379 Administration $ 34,571,796 $ 33,788,121 Total $ 1,426,091,242 $ 566,000,000 General Funds Budget Planning and Construction $ 25,000 $ 25,000 Maintenance and Betterments $ 0 $ 0 Air Transportation $ 2,985,502 $ 2,507,391 Inter-Modal Transfer Facilities $ 13,884,577 $ 6,146,985 Harbor/Intra-Coastal Waterways Activities $ 710,855 $ 710,855 Total $ 17,605,934 $ 9,390,231 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 20,222,285 Personal Services $ 5,242,410 Regular Operating Expenses $ 279,436 Travel $ 92,245 Motor Vehicle Purchases $ 0 Equipment $ 163,057 Computer Charges $ 9,780 Real Estate Rentals $ 269,784 Telecommunications $ 82,020 Per Diem, Fees and Contracts $ 14,389,340 Operating Expenseayments to Medical College of Georgia $ 7,741,329 Regular Operating Expenses for Projects and Insurance $ 692,500 Total Funds Budgeted $ 28,961,901 State Funds Budgeted $ 20,222,285 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 20,587,329 $ 15,109,260 Education and Training $ 330,243 $ 0 Veterans Nursing Home-Augusta $ 8,044,329 $ 5,113,025 Total $ 28,961,901 $ 20,222,285 Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 11,694,092 Personal Services $ 9,482,306 Regular Operating Expenses $ 428,815 Travel $ 126,600 Motor Vehicle Purchases $ 0 Equipment $ 6,189 Computer Charges $ 347,057 Real Estate Rentals $ 1,189,575 Telecommunications $ 205,048 Per Diem, Fees and Contracts $ 98,502 Payments to State Treasury $ 0 Total Funds Budgeted $ 11,884,092 State Funds Budgeted $ 11,694,092 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) $ 440,043,915 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 475,043,915 B . Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 0 Motor Fuel Tax Funds (New) $ 0 $ 0 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,

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the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 39. Provisions Relative to Section 4, Department of Administrative Services . It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Veto Roy E. Barnes May 3, 1999 Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999. Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs. 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 Alamo Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo $ 25,000 City of Newnan Operating funds for Achievers International in Newnan $ 20,000 Augusta/Richmond County Operating funds for the following: Beulah Grove Community Resource Center, Inc., Lucy C. Laney Museum of Black History, Augusta-Richmond Opportunities Center Inc., Good Hope Social Service Ministry, Inc., CSRA Transitional Center, Inc., and Shiloh Comprehensive Community Center $ 37,000 Augusta/Richmond County Board of Education Purchase equipment for Wilkinson Garden Elementary, Terrace Manor Elementary, and purchase equipment and renovate new wing for Glenn Hills High School in Augusta/Richmond County $ 30,000 City of Waynesboro Liberty Square Historic Associationbeautification and improvement to historic commercial district in Waynesboro $ 65,000 Richmond County Consolidated Government Purchase of the final tract of land adjacent to Ezekiel Harris House in Richmond County $ 50,000 City of Riverdale Improvement funds for city park in Riverdale $ 10,000 Clayton County Board of Education $5,000 each to West Clayton Elementary, E.W. Oliver Elementary, Northcutt Elementary, Church St. Elementary, and Riverdale Elementary for playground equipment; $10,000 for North Clayton High (band uniforms); $10,000 each for operating expenses for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School $ 75,000 City of Lilburn Renovation and equipment Greater Gwinnett Athletic Association Lions Club Park in Lilburn $ 15,000 Gwinnett County Board of Education Purchase equipment for Berkmar Diamond Booster Club at Berkmar High School in Gwinnett County $ 25,000 City of Cobbtown Upgrade softball field in Cobbtown $ 5,000 City of Glennville Glennville Recreation Departmentupgrade fences for three fields and storage building for equipment/supplies $ 10,000 Tattnall County Board of Education Purchase band uniforms and instruments in Tattnall County Schools $ 10,000 Tattnall County Board of Education Instructor for Tattnall County STAR program $ 10,000 Tattnall County Board of Education Sidewalks from band room to football field in Tattnall County Schools $ 5,000 Clayton County Board of Education Purchase playground equipment for Riversedge Elementary in Clayton County $ 7,500 Clayton County Board of Education Purchase computer software for at risk reading students of Suder Elementary in Clayton County $ 7,500 Clayton County Board of Education Purchase new bleachers for soccer/softball fields at Lovejoy High School in Clayton County $ 12,000 Clayton County Board of Education Purchase circulating media table for Kemp Elementary in Clayton County $ 10,000 Clayton County Calvary Refuge Centeroperation of emergency shelter and refuge center for misplaced persons in Clayton County $ 30,000 City of Gray Rebuild and repaint fire equipment for Gray Fire Department $ 15,000 Wilkinson County Repairs to city-county library in Wilkinson County $ 15,000 Jones County Operation of Boys and Girls Clubs in Jones County $ 10,000 City of Toomsboro Equip and repair fire truck in Toomsboro $ 10,000 City of Danville Repairs and equipment for the Danville Police Department $ 50,000 City of Centerville Operating funds for the Senior Citizen Building in Centerville $ 25,000 City of Centerville/Houston County Operating expenses for Centerville/Houston County Fire Department $ 25,000 Lowndes County Board of Education Renovate tennis courts at Lowndes County High School $ 25,000 Lowndes County Pave drive and parking area of Boys and Girls Club of Valdosta in Lowndes County $ 15,000 Lowndes County Building and design funds for Regional Fire Training Center facility in Lowndes County $ 10,000 City of Columbus Operating funds for the Springer Opera House in Columbus $100,000 City of Columbus Operating funds for the Metropolitan Columbus Task Force for the Homeless in Columbus $ 25,000 City of Columbus Operating funds for the Woodruff Museum of Civil War Naval History in Columbus $100,000 City of Columbus Operating funds for Outreach Program-Boys Club of Columbus, Inc $120,000 Clayton County Reynolds Nature preserve -park development/enhancements in Clayton County $ 60,000 Clayton County Board of Education Purchase safety cameras for school buses in Clayton County $ 10,000 Fulton County Renovation and purchase of equipment for Autry Mill Nature Preserve in Fulton County $ 5,000 Fulton County Board of Education Construction and equip an arboretum outdoor classroom at Dolvin Elementary in Fulton County $ 20,000 Jeff Davis County Board of Education Purchase high school ball field lights in Jeff Davis County Schools $ 50,000 Appling County Board of Education Purchase band uniforms and instruments for Appling County Schools $ 20,000 Telfair County Operating funds for Horse Creek Volunteer Fire Department in Telfair County $ 5,000 City of Jacksonville Operating funds for Jacksonville Fire Department $ 5,000 Appling County Operating funds for the Welcome Center in Appling County $ 5,000 Jeff Davis County Operating funds for the recreation facility in Jeff Davis County $ 10,000 City of Mountain Park Engineering study on Garrett Lake in City of Mountain Park $ 25,000 City of Hampton Renovation of Hampton City Hall $ 10,000 Henry County Build entrance, drainage and practice fields- Moseley Park, Stockbridge in Henry County $ 10,000 Henry County Board of Education Purchase/install lighting system for women's softball field at Eagles Landing High School in Henry County $ 10,000 Henry County Board of Education Purchase/install lighting system for women's softball field at Henry County High School $ 10,000 Greene County Purchase land to develop a recreation complex in Greene County $ 30,000 Oglethorpe County Bryan ParkPurchase of playground equipment and site construction in Oglethorpe County $ 20,000 Greene County Restoration of historic Greensboro Gymnasium in Greene County $ 7,500 Putnam County Purchase/install lights for ballpark at Jimmy Davis facility in Putnam County $ 25,000 Greene County Restoration of the historic Dr. Calvin M. Baber House in Greene County $ 2,500 Chatham County Operating funds for the Roundhouse Center Complex in Chatham County $ 100,000 City of Adairsville Replacement or renovation of police department building in Adairsville $ 25,000 City of Cave Spring Purchase water pump for water system in Cave Spring $ 25,000 Floyd County Board of Education Purchase band uniforms for Pepperell High School in Floyd County $ 25,000 City of Duluth Construct a community center for Taylor Park in Duluth $ 60,000 Bleckley County Operating funds for Bleckley Fire Department $ 15,000 City of Cochran Operating funds for Cochran Arts Center $ 10,000 Dodge county Operating funds for Eastman Dodge County Development Authority $ 25,000 Telfair County Operating funds for Telfair County $ 10,000 City of McRae Operating funds for McRae/Helena South Georgia Auditorium $ 10,000 Laurens County Operating funds for Cedar Grove $ 10,000 City of Cadwell Operating funds for City of Cadwell $ 10,000 City of Eastman Operating funds for Magnolia Theater in Eastman $ 10,000 Richmond County Repair roof on the Imperial Theater in Richmond County $ 50,000 Fayette County Board of Education Purchase security fence for playground Kedron Elementary in Fayette County $ 20,000 City of Concord Water system improvements in Concord $ 10,000 City of Rockmart Equipment for the Rockmart Fire Department $ 5,600 City of Columbus Operation of Easter Seals Program of West Georgia in Columbus $ 40,000 Chatham County Operation of Historic Lucas Theater in Chatham County $ 50,000 City of Tybee Island Tybee Island Lighthouse restoration $ 75,000 Fulton County Operating funds for Atlanta Fulton Action Agency $ 50,000 Liberty County Fleming Volunteer Fire Department equipment purchase in Liberty County $ 5,000 Liberty County Purchase equipment for Walthourville Fire Department in Liberty County $ 10,000 Liberty County Board of Education Repair and renovation at alternative school/psycho-ed center in Hinesville, Liberty County $ 25,000 Gwinnett County Board of Education Improvements to athletic facilities at Shiloh High School in Gwinnett County $ 25,000 Gwinnett County Board of Education Restoration of 1890 school house in Gwinnett County $ 25,000 City of Waycross Waycross-Blackshear Tourist promotion $ 15,000 Ware County Purchase recreational equipment for Ware County $ 25,000 Ware County Board of Education Purchase equipment for Ware County ROTC $ 25,000 Clayton County Forest Park Athletic Complex-remodel concession stand and purchase equipment in Clayton County $ 25,000 Dougherty County Operating funds for River Road, Inc d/b/a SAFEC(South Albany Family Enrichment Collaborative) in Dougherty County $ 10,000 Dougherty County Operating funds for Dougherty County Community Coalition $ 25,000 Dougherty County Renovation of Cotton Hall Cultural Center in Dougherty County $ 10,000 Miller County Construct fire station #4 in Miller County $ 15,000 City of Manchester Purchase/install street lights for community building in Manchester $ 40,000 Meriwether County Board of Education Operating funds for the recreation facility at Greenville High School in Meriwether County $ 25,000 Cobb County Purchase/install lights for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County $ 15,000 City of Albany Lights for 8th Avenue ball field in City of Albany $ 25,000 Fulton County Restoration and repairs to Williams-Payne Museum building in Fulton County $ 40,000 Crisp County Operating funds for the Arts Alliance in Crisp County $ 10,000 City of Pinehurst Construction of utility maintenance barn in Pinehurst $ 25,000 City of Unadilla Purchase of jet sewer machine for City of Unadilla $ 25,000 City of Hawkinsville Maintenance and operation of M.E. Roden Memorial Library in Hawkinsville $ 10,000 Cobb County Board of Education Brumby Elementary SchoolProvide covered walkways and landscape in Cobb County $ 10,000 Cobb County Board of Education Teasley Elementary SchoolProvide wiring upgrades and covered walkways in Cobb County $ 10,000 Bibb County Purchase recreation property for South Bibb County $ 40,000 City of Ft. Gaines Renovation of senior citizen building in Fort Gaines $ 10,000 Quitman County Feasibility study for Bio Conversion Plant in Quitman County $ 5,000 City of Cuthbert Cuthbert Housing Authority- Construct an assisted living and Alzheimer facility in Cuthbert $ 10,000 Clay County Planning funds for the Clay County Airport $ 15,000 Clay County Operating expenses for EMS/ambulance services in Clay County $ 10,000 Quitman County Board of Education Renovation of building for pre-K and headstart programs in Quitman County $ 10,000 Quitman County Renovation of doctor's office at the Stewart/Webster Rural Clinic in Quitman County $ 25,000 City of Dalton Operation of Northwest Georgia Girl's Home in Dalton $ 25,000 Lee County Provide and improve lights at Lee County Pee Wee and Pony League Fields $ 40,000 Webster County Repair of courthouse in Webster County $ 10,000 Marion County Board of Education Construct track at football field for Marion County Schools $ 30,000 Calhoun County Board of Education Resurface track at Calhoun County High School $ 10,000 City of Dawson Install central air and heating at Carnegie Library in Dawson $ 30,000 Terrell County Repair to clock and steeple at courthouse in Terrell County $ 15,000 Columbia County Board of Education Renovation and improvements to stadiums at Evans High School in Columbia County $ 5,000 Columbia County Board of Education Improvements to girl's softball field at Evans High School in Columbia County $ 10,000 Columbia County Board of Education Purchase of band uniforms for Lakeside High School in Columbia County $ 10,000 Columbia County Purchase of communications equipment for Columbia County Sheriff's Department $ 10,000 Columbia County Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County $ 5,000 Columbia County Board of Education Playground improvements at South Columbia Elementary $ 5,000 DeKalb County Repair and restoration of Dresden Park in DeKalb County $ 20,000 Athens/Clarke County Grand Slam projectprovide recreational and educational activities in Athens/Clarke County $ 10,000 Athens/Clarke County Operation of Athens Tutorial Program $ 10,000 Athens/Clarke County Operation of Creative Visions Foundation in Athens/Clarke County $ 10,000 Clarke County Operation of Strong Day Recovery Residence in Clarke County $ 10,000 City of East Point Transportation for therapeutic recreation program participants in East Point $ 50,000 DeKalb County Operation of Scottdale Child Development Family Resources Center of Central DeKalb $ 20,000 DeKalb County Clarkston Community Center Foundation for Old Clarkston High renovations in DeKalb County $ 25,000 Douglas County Purchase equipment for Lithia Springs Library in Douglas County $ 5,000 Douglas County Board of Education Purchase equipment for Lithia Springs High School in Douglas County $ 10,000 City of Stone Mountain Operating expenses for ART Station in Stone Mountain $ 25,000 DeKalb County Board of Education Stone Mountain Middle School for purchase of marquee in DeKalb County $ 5,000 City of Stone Mountain ART Station renovation/repair in Stone Mountain $ 50,000 City of Poulan Purchase truck for trash removal in Poulan $ 10,000 City of Sycamore Purchase recreation and playground equipment for new park in Sycamore $ 10,000 City of TyTy Improvement of recreation areas in TyTy $ 5,000 City of Warwick Purchase new police vehicle for City of Warwick $ 10,000 Town of Rebecca Purchase fire station and equipment for City of Rebecca $ 10,000 Turner County Construct horse competition and rodeo arena in Turner County $ 10,000 Worth County Improvements to youth football program area buildings and grounds in Worth County $ 15,000 Fulton County Operating funds for the Southwest Hospital in Fulton County $100,000 City of Atlanta Operating funds for the School of Library and Information Programs at Clarke-Atlanta University $500,000 City of Berlin Roof repair on community center in Berlin $ 5,000 City of Adel Purchase/install emergency warning system in Adel $ 7,500 City of Nashville Construct a walking track in Nashville $ 10,000 City of Cecil Purchase fire fighting equipment for volunteer fire department in Cecil $ 7,500 Berrien County Purchase equipment for livestock show barn in Berrien County $ 10,000 City of Sparks Purchase equipment for Sparks Police Department $ 10,000 City of Enigma Purchase fire fighting equipment for volunteer fire department in City of Enigma $ 7,500 Augusta/Richmond County Operation of Augusta-Richmond County Fire Rescue Safety House $ 10,000 Augusta/Richmond County Installation of a therapeutic whirlpool at Belle Terrace Swim Center-Augusta Recreation and Parks Department $ 5,000 Augusta/Richmond County Operating funds for Augusta Youth Center $ 25,000 Richmond County River Race Funding in Richmond County $ 25,000 Ben Hill County Restoration on e-wing of building and air conditioning for after school learning center in Ben Hill County $ 10,000 City of Fitzgerald Construct an American Legion Memorial in City of Fitzgerald $ 10,000 Wilcox County Expansion of existing building to accommodate expansion of City Hall in Wilcox County $ 5,000 Irwin County Repair and renovation work to Irwin County Courthouse $ 15,000 Irwin County Repair and restoration of monument on court-house square in Irwin County $ 5,000 Irwin County Board of Education Purchase of equipment for Irwin County High Marching Band $ 5,000 Wilcox County Construction of Wilcox County Little League ballpark $ 5,000 Wilcox County Purchase equipment for Wilcox County ROTC $ 5,000 Wilcox County Repair to Wilcox County auditorium $ 10,000 Wilcox County Purchase metal building for Cedar Creek Volunteer Fire Department $ 5,000 Emanuel County Operating funds for Emanuel County $ 38,000 City of Gibson Purchase of computer and software for the Gibson Police Department $ 7,500 Glascock County Construction of an auxiliary fire station in Glascock County $ 10,000 Taliaferro County Taliaferro County Volunteer Fire Department - purchase rescue equipment $ 10,000 Warren County Purchase of rescue equipment for northern Warren County $ 12,000 Columbus/Muscogee County Operation of the Columbus Community Center Outreach Program in Columbus/Muscogee County $ 25,000 Columbus/Muscogee County Columbus Youth Network outreach program for disadvantaged youth in Columbus/Muscogee County $ 15,000 Talbot County Improvements to Central High School football stadium in Talbot County $ 65,000 Appling County Purchase air packs and equipment for Appling Volunteer Fire Department $ 10,000 City of Grovetown Renovation of Grovetown Community Center $ 5,000 Columbia County Board of Education Purchase safety lighting for baseball field at Greenbriar High School in Columbia County $ 25,000 McDuffie County Board of Education Restoration of Bowden-Johnson Home McDuffie County Historical Society $ 10,000 City of Savannah Preservation of W.W. Law Community Center in Savannah $ 10,000 City of Savannah Operating expenses for the Savannah Midtown Community Center $ 10,000 City of Savannah Procurement of Archive and Library for memorabilia of Ralph Mark Gilbert in Savannah $ 5,000 Town of Thunderbolt Purchase playground equipment for Honey Park, River Drive Park and Nellie Johnson Park in Thunderbolt $ 5,000 Town of Thunderbolt Purchase equipment for fire vehicles and volunteer firefighters in Thunderbolt $ 10,000 Peach County Refurbish courthouse facade in Peach County $ 25,000 City of Montezuma Provide downtown parking spaces for City of Montezuma $ 45,000 Franklin County Purchase equipment for Gumlog Volunteer Fire Department in Franklin County $ 10,000 Stephens County Purchase equipment for Tates Creek VFD and renovate Carnes Creek VFD facilities in Stephens County $ 20,000 Stephens County Purchase/install roof for Toccoa-Stephens County Historical Society $ 4,000 Stephens County Purchase field fencing for Toccoa Little League in Stephens County $ 10,000 Banks County Micro-filming of records in Banks County $ 20,000 Barrow County Operation of Peace Place Inc. Shelter for battered women in Barrow County $ 15,000 Monroe County Construction of a building at multi-purpose field in Monroe County $ 10,000 City of Monticello Municipal park construction/improvements at Funderburg Park in Monticello $ 15,000 Monroe County Construction of bleachers for Monroe County Horse/Livestock Arena $ 20,000 Lamar County Equipment and improvements for Redbone Volunteer Fire Department in Lamar County $ 5,000 Monroe County Construction of dugouts at softball fields in Monroe County $ 25,000 Jasper County Improvements to Rose Bowl Field for Jasper County $ 10,000 DeKalb County Beautification projects in DeKalb County $ 10,000 DeKalb County Board of Education Beautification project at Glenhaven Elementary in DeKalb County $ 5,000 DeKalb County Board of Education Operating expenses for Operation Dignity in DeKalb County schools $ 15,000 DeKalb County Operation of neighborhood after school programs in DeKalb County $ 15,000 DeKalb County Purchase school supplies for Decatur Arts Academy $ 2,000 DeKalb County Purchase of equipment and supplies for DeKalb County Sheriff Reserve $ 2,000 City of Sylvania Purchase playground equipment for City of Sylvania $ 25,000 Screven County Renovation of Screven County Agricultural Center $ 50,000 City of Harrison Completion of a park in City of Harrison $ 25,000 Jefferson County Purchase equipment for Jefferson County Sheriff Department $ 20,000 Jefferson County Completion of park project in Jefferson County $ 50,000 Washington County Refurbish T.J. Elder Community Center in Washington County $ 25,000 Bibb County Provide funds for a feasibility study for a stadium in Bibb County $ 75,000 Bibb County Operate the Adopt-a-Role Model in Bibb County $ 15,000 Bibb County Operating funds for the Hay House in Bibb County $ 30,000 Bibb County Operating funds for the Douglas Theater in Bibb County $ 50,000 Bibb County Operating funds for the Harriette Tubman Museum in Bibb County $ 50,000 DeKalb County Improvements to Gresham Park Baseball and Softball Association field and Senior Center in South DeKalb $ 25,000 DeKalb County Board of Education Purchase materials for Word Up Reading Program at Kelley Lake Elementary School in DeKalb County $ 10,000 DeKalb County Board of Education Operate the Soar to Success Reading Program at Flat Shoals Elementary School in DeKalb County $ 5,000 DeKalb County Board of Education Purchase educational materials for Gresham Park Elementary after school and tutorials programs in DeKalb County $ 10,000 City of Marietta Repair of pre-Civil War cannon through the Marietta Museum of History $ 10,000 City of Marietta Operating funds for the Marietta Museum of History $ 15,000 City of Marietta Board of Education Playground enhancements at five elementary schools in Marietta $ 25,000 City of Millen Correct water drainage problem at recreation complex in Millen $ 5,000 Candler County Purchase equipment and supplies for the communications center in Candler County $ 10,000 Bulloch County Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bulloch County $ 10,000 City of Portal Purchase trash truck for City of Portal $ 10,000 Jenkins County Jenkins County Development Authority-renovate train depot in Millen $ 20,000 Athens/Clarke County Repairs to Rutland Psycho Educational Services Center in Athens/Clarke county $ 75,000 Elbert County Elbert County Airport improvements $ 32,000 Elbert County Replace worn out band instruments - Elbert County High School $ 3,000 Lincoln County Purchase pagers and light turnout gear for Lincoln County Rescue $ 5,000 Lincoln County Purchase equipment for Midway Volunteer Fire Department in Lincoln County $ 5,000 Wilkes County Purchase equipment for fire station for Newtown Community in Wilkes County $ 15,000 DeKalb County Study and planning for War Between the States campsites in DeKalb County $ 75,000 DeKalb County Purchase and plant trees in DeKalb County $ 25,000 DeKalb County Board of Education Purchase and install electric sign at Toney Elementary School in DeKalb County $ 6,000 DeKalb County Board of Education Operation of Forrest Hills Elementary School for Accelerated Reading Program in DeKalb County $ 8,000 DeKalb County Operation of Columbia Community Connection's Father to Father Men's services program in DeKalb County $ 7,500 DeKalb County Operation of Georgia Strike Out Stroke Committee in DeKalb County $ 7,500 Toombs County Construct restrooms for community center at Cedar Crossing Area in Toombs County $ 5,000 City of Lyons Recreation Department to retire outstanding debt on community center in City of Lyons $ 20,000 City of Mt. Vernon Construct park in City of Mt. Vernon $ 5,000 City of Vidalia Replace playground equipment and renovate Ganelle Davis Park facility in Vidalia $ 30,000 Wheeler County Purchase equipment for baseball and midget football at Glenwood and Alamo Facilities in Wheeler County $ 10,000 City of Jesup Senior Citizen facility repairs in Jesup $ 10,000 City of Ludowici Police and fire departments upgrades in Ludowici $ 10,000 City of Odum Purchase equipment storage facility in Odum $ 5,000 City of Odum Repairs to City Hall and Fire Department in Odum $ 5,000 City of Screven Community Center repairs in City of Screven $ 10,000 Wayne County Board of Education Lighting for girls softball field in Wayne County $ 15,000 Wayne County ADA improvement to Jaycee public landing area in Wayne County $ 15,000 Chatham County Construct firing range at Armstrong State University in Chatham County $ 25,000 Chatham County Operating funds for Bamboo Farm and Coastal Gardens in Chatham County $ 25,000 City of Savannah Purchase of building for Cultural Affairs Commission in Savannah $ 10,000 City of Bremen Operating expenses for Bremen Schools $ 50,000 Haralson County Operating expenses for Haralson County Schools $ 50,000 Haralson County Operating expenses for Blooming Grove Fire Department $ 15,000 City of Buchanan Operating expenses for Buchanan recreation facility $ 15,000 City of Bremen Operating expenses for Bremen recreation facility $ 15,000 City of Tallapoosa Operating expenses for Tallapoosa recreation facility $ 15,000 City of Conyers Development of Big Haynes Creek Nature Center $ 50,000 Fulton County St. Paul's Golden Age Center-for equipment, operations and staff training in Fulton County $ 25,000 Fulton County Operation of Georgia Coalition of Black Women internship in Fulton $ 30,000 Baldwin County Operation of Oconee Prevention Resource Council Inc. in Baldwin $ 10,000 Baldwin County Purchase fireboat for Baldwin County Fire Department $ 35,000 Baldwin County Board of Education Operation of STAR program in Baldwin County Schools $ 25,000 Johnson County Board of Education Construct multi-purpose facility in Johnson County Schools $ 25,000 Emanuel County Repairs/renovation of Emanuel County Arts Council facility $ 15,000 City of Swainsboro Purchase of computer equipment for City of Swainsboro $ 10,000 City of Kite Renovation and repair of community center in City of Kite $ 5,000 Emanuel County Purchase equipment for Emanuel County Library $ 10,000 Emanuel County Board of Education Purchase band uniforms for Emanuel County Institute Band $ 10,000 City of Summertown Renovation and repair of community center in Summertown $ 5,000 Cobb County Expansion of the Cobb County Youth Museum, Inc. $ 25,000 Cobb County Board of Education Sprayberry High School - build field house in Cobb County $ 35,000 City of Savannah Operation of Project Success in Savannah $ 25,000 City of Savannah Retire debt on EOA Austin House Center in Savannah $ 25,000 Fannin County Renovation of the Epworth Community Center $ 10,000 Murray County Purchase walk-in refrigerator and freezer for Senior Citizen Center $ 10,000 City of McCaysville Build and furnish public restrooms in McCaysville $ 10,000 City of McCaysville Renovate city park in McCaysville $ 10,000 Murray County Grounds work at the Chief Van House in Murray County $ 10,000 City of McCaysville Study downtown parking in McCaysville $ 10,000 City of McCaysville Furnish new City Hall in McCaysville $ 10,000 City of Blakely Renovation of gym in Blakely $ 15,000 Seminole County Purchase equipment for volunteer rescue squads in Seminole County $ 10,000 City of Dexter Upgrade of technology in Dexter $ 15,000 City of Dublin Monument to public safety officers in Dublin $ 10,000 City of Dublin Relocate utilities for road improvements in Dublin $ 10,000 City of Dudley Water and sewer upgrades for Dudley Elementary School $ 15,000 City of East Dublin Relocate water and sewers in East Dublin $ 15,000 Laurens County Board of Education Planning for joint school auditorium in Laurens County $ 10,000 City of Bowersville Enhancement to city infrastructure in Bowersville $ 10,000 Franklin County Construction of county recreation park in Franklin County $ 15,000 Hart County Board of Education Hart County High Schoolrenovation and construction at recreation complex $ 15,000 City of Canon Operating funds and equipment at Canon City Community Center $ 15,000 City of Franklin Springs Emergency repair to city water/sewer system in Franklin Springs $ 15,000 City of Lavonia Development of city park and playing field in Lavonia $ 15,000 Effingham County Board of Education Renovation of Old Ebenezer One-Room School in Effingham County $ 10,000 Bryan County Purchase equipment for emergency fire vehicle in Bryan County $ 10,000 City of Guyton Purchase trailer mounted aerial lift in Guyton $ 10,000 City of Guyton Purchase playground equipment for City of Guyton $ 10,000 Effingham County Improve Jaycee Park in Rincon, Effingham County $ 8,000 Effingham County Purchase fire fighting equipment for Sand Hill Fire Department in Effingham County $ 10,000 Bryan County Board of Education Purchase uniforms, equipment, and supplies for Bryan County athletic teams $ 15,000 DeKalb County Wilshire Condo Association-security lighting, replace street signs and playground improvements in DeKalb County $ 10,000 DeKalb County Wade-Walker Parkrepairs and operations in DeKalb County $ 30,000 City of Macon Purchase Police Athletic League equipment in City of Macon $ 15,000 Bibb County Operation of Macon Mentoring Program in Bibb County $ 15,000 Bibb County Operating funds for Mid Georgia Council on Drugs in Bibb County $ 25,000 Bibb County Operating funds for the Tubman Museum in Bibb County $ 15,000 Bibb County Operating funds for Bibb County Teen Court $ 15,000 City of Byron Purchase equipment and improvements for Byron City Park $ 5,000 Peach County Refurbish courthouse facade in Peach County $ 25,000 Crawford County Operation of Crawford County Recycling Center $ 15,000 City of Fort Valley Purchase of new streetlights for down-town area in Fort Valley $ 50,000 Brooks County Renovate community center in Simmon Hill, Brooks County $ 10,000 Echols County Renovate recreation building in Statenville, Echols County $ 40,000 Chattooga County Purchase Jaws of Life for Gore Fire Department in Chattooga County $ 10,000 Chattooga County Board of Education Construct a computer technology shop for Chattooga High School in Chattooga County $ 37,000 City of Macon Purchase/construct a recreation/sports facility in Macon $ 45,000 Gwinnett County Norcross High School trip to Washington DC (Gwinnett County) $ 20,000 City of Albany Operation of Slater King Adult Rehabilitation Day Center in Albany $ 35,000 City of Albany Operation of after school tutorial program for students in East Albany $ 20,000 City of Gainesville Purchase, plan and develop neighborhood park in Gainesville $ 40,000 City of Gainesville Purchase playground equipment for south side community in Gainesville $ 10,000 Georgia Mountain RDC Construct a teaching facility for Elachee Nature Science Center for Georgia Mountain RDC $ 5,000 Hall County Salvation Army Camp $ 5,000 Georgia Mountain RDC Operation of Boys and Girls Clubs in Georgia Mountain RDC $ 10,000 City of Pelham Upgrade and install lighting at two sports complexes in Pelham $ 25,000 City of Sale City Improvements to local recreation complex in Sale City $ 5,000 City of Social Circle Construction of city park and parking area in Social Circle $ 50,000 City of Doerun Upgrade and maintenance at recreation facility in Doerun $ 10,000 City of Baconton Improvements to public water delivery service in Baconton $ 10,000 Mitchell County Operating funds and equipment for volunteer fire departments in Mitchell County $ 25,000 City of Camilla Improvements to a recreational complex in Camilla $ 25,000 City of Funston Purchase office equipment and computers for City of Funston $ 5,000 City of Moultrie Upgrade kitchen facilities at SOWEGA Community Action Council $ 20,000 City of Smyrna Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery $ 20,000 Cobb County Board of Education Construct an athletic facility for Campbell High School in Cobb County $ 20,000 Glynn County Improvements and repairs to Epworth and Thalmann Parks in Glynn County $ 20,000 Glynn County Renovate and purchase computer equipment for St. Simons Island Library in Glynn County $ 20,000 Colquitt County Purchase turnout gear for the Colquitt County Volunteer Fire Department $ 10,000 City of Tifton Equipment for communications center for City of Tifton Fire Department $ 20,000 Tift County Board of Education Purchase band uniforms for Tift County Band $ 10,000 City of Plainville Equipment for City of Plainville Fire Department $ 10,000 City of Fargo Partial re-roofing and renovation of school building in Fargo $ 20,000 Clinch County Operation of Bridges of Hope in Clinch County $ 10,000 Clinch County Renovate/install canopy at Clinch County Recreation Park $ 5,000 Lanier County Board of Education Construct press box and dressing room for football stadium in Lanier County $ 25,000 Lowndes County Construct North Lowndes County Fire Station $ 25,000 City of Acworth Purchase aluminum bleachers for city parks in Acworth $ 10,000 City of Acworth Purchase video cameras for patrol cars in Acworth $ 10,000 City of Kennesaw Expansion and renovation of facility at Kennesaw Civil War Museum $ 25,000 Cobb County Board of Education Purchase musical instruments and computer equipment for Autry Middle School in Cobb County $ 3,000 Cobb County Board of Education Purchase equipment and renovate North Cobb High School stadium $ 10,000 Cobb County Board of Education Purchase of two sousaphones for North Cobb High School $ 5,000 City of Cairo Repairs to Roddenberry Memorial Library in Cairo $ 10,000 City of Climax Purchase fire equipment in City of Climax $ 5,000 City of Whigham Purchase equipment for City of Whigham $ 10,000 Grady County Show barn and livestock facility improvements in Grady County $ 25,000 Atkinson County Board of Education Purchase band uniforms and lighting at Atkinson County Schools $ 20,000 City of Broxton Rehabilitation of city hall in Broxton $ 5,000 City of Douglas Purchase HAZMAT Trailer for Douglas Fire Department $ 5,000 City of Pearson Purchase of mulchers for City of Pearson $ 5,000 Coffee County Soccer field improvements at South Georgia Soccer Club in Coffee County $ 5,000 Coffee County Purchase radio repeater and tower for Coffee County emergency management $ 5,000 Coffee County Purchase equipment for West Green Community Center Fire Department in Coffee County $ 10,000 Coffee County Board of Education Purchase lighting for Coffee High School practice field $ 10,000 Coffee County Board of Education Purchase Coffee County High School PA System $ 1,500 City of Douglas Renovation and concession stand for Wheeler Park in Douglas $ 5,000 Fulton County Operating funds for Atlanta Fulton Action Agency $ 30,000 City of Atlanta Operating funds for Community Care (Kids in Juvenile Care) in Fulton County $ 20,000 City of Americus Renovate Rylander Theater in Americus $100,000 Sumter County Purchase/install outfield fences and related improvements at Little League field for Sumter County Board of Commissioners $ 50,000 City of Andersonville Repairs of Holloway Building in Andersonville $ 10,000 City of St. Marys Renovation of Waterfront Theater in St. Mary's $ 25,000 City of Kingsland Construct/operate animal control shelter in City of Kingsland $ 25,000 Charlton County Purchase radio communication equipment for Southern Charlton County $ 25,000 Butts County Purchase equipment, renovate playground, and repair tennis courts in Butts County $ 15,000 City of Barnesville Purchase automated external defibrillators and an air respiration system for City of Barnesville $ 15,000 City of Locust Grove Purchase investigative equipment for police department and recreation improvements for City of Locust Grove $ 9,000 City of Milner Renovate, enhance and equip City Park of Milner $ 10,000 Lamar County Lamar County Agricultural Authority- Construct a show facility $ 50,000 Coweta County Equip Senior Center rooms in Newnan/Coweta County $ 10,000 Heard County Board of Education Purchase field lights for baseball field at Heard County High School $ 15,000 Heard County Purchase lights for Riverside Park in Franklin and create a new ballpark and playground $ 15,000 Heard County Provide water and electricity to Brush Creek Park in Heard County $ 10,000 City of Rome Purchase sprinkler system for Rome History Museum $ 25,000 Floyd County Board of Education Operate Children Helping Children in elementary schools of Rome, Floyd County $ 25,000 Bacon County Restoration and equipment in VFW Building and Masonic Lodge in Bacon County $ 5,000 Charlton County Repairs and maintenance of county buildings in Charlton County $ 5,000 City of Alma Construction of law enforcement training center and firearms qualification range in City of Alma $ 5,000 City of Folkston Promotion of tourism in Folkston $ 2,500 City of Hoboken Construct a veterans memorial in Hoboken $ 5,000 City of Homeland Operating expenses and equipment for the Homeland Police Department $ 2,500 City of Offerman Purchase truck for Offerman/Big Creek Volunteer Fire Department $ 5,000 City of Patterson Operating funds for Heritage Fund to establish and promote historical sites in Patterson $ 5,000 Pierce County Operating funds for Pierce County Lee Street Resource Center $ 25,000 Pierce County Improvements to Lakeview Community Center in Pierce County $ 25,000 Brantley County Operating expenses for constituent services program in Brantley County $ 5,000 City of Blackshear Purchase equipment and improvements to Old Depot Building in Blackshear $ 5,000 City of Nahunta Construction of fire department building in Nahunta $ 5,000 Columbus/Muscogee County Operate Project Rebound/Family Institute alternative program in Columbus $ 15,000 Columbus/Muscogee County Operate Community Health Center for South Columbus in Muscogee County $ 35,000 Columbus/Muscogee County Operate Two Thousand Opportunities, Inc. in Columbus/Muscogee County $ 50,000 Columbus/Muscogee County Operate Liberty Theater Cultural Center, Inc in Columbus/Muscogee County $100,000 Columbus/Muscogee County A.J. McClung YMCA-Operation of after school program in Columbus $ 25,000 City of Chickamauga Historic preservation and paving in Chickamauga $ 15,000 City of Fort Oglethorpe Purchase fire department equipment and downtown development in Fort Oglethorpe $ 10,000 City of LaFayette Purchase police vehicle cameras for LaFayette Police Department $ 25,000 Gwinnett County Board of Education Purchase educational materials and equipment for Rockbridge Elementary in Gwinnett County Schools $ 25,000 Gwinnett County Board of Education Playground repair, enhancement and equipment and math intervention program materials for Nesbit Elementary School in Gwinnett County $ 25,000 City of Atlanta Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task Force $ 30,000 City of Atlanta Operate Paradise Baptist Church after school program in Atlanta $ 25,000 Chatham County Outdoor Kiosk-Highway 21 to I-95 in Chatham County $ 10,000 Chatham County Repairs for Cooper Center in Garden City $ 5,000 City of Bloomingdale Repairs and equipment for softball and baseball fields in Bloomingdale $ 10,000 City of Garden City Renovate gym to multipurpose center in Garden City $ 10,000 City of Port Wentworth Construct recreational facilities in Port Wentworth $ 25,000 Newton County Board of Education Purchase and install lights for football practice field for Newton High School $ 45,000 City of Decatur Repair of sidewalk in City of Decatur $ 12,000 DeKalb County Design and construction for DeKalb County Children's Shelter for two therapeutic group homes $ 38,000 Columbus/Muscogee County Operate the Play and Learn Together Program in Columbus/Muscogee County $ 15,000 Columbus/Muscogee County Operation of Summer tutorial program by Combined Communities of Southeast Columbus $ 25,000 Columbus/Muscogee County Operation of The Spencer House in Columbus/Muscogee County $ 20,000 Columbus/Muscogee County Operation of the Metro Columbus Urban League Youth Alive $ 25,000 Fulton County Operation of the Council on Minority Health and Education of Metropolitan Atlanta, Inc $ 50,000 DeKalb County Purchase right-of-way and design for intersection of Briarcliff and LaVista in DeKalb County $ 10,000 DeKalb County Construct a service center at Senior Connections in DeKalb County $ 25,000 DeKalb County Reconstruct tennis courts at Briarwood Recreation Center in DeKalb County $ 10,000 DeKalb County Renovation of classroom at Cedar Grove Middle School for DeKalb Environmental Education Center $ 10,000 DeKalb County Construct storm water flood protection at Zonolite Drive Industrial Park in DeKalb County $ 25,000 City of Brunswick Construct a permanent location at City Dock for area shrimpers in Brunswick $ 10,000 City of Darien Purchase computer equipment for McIntosh County Sheriffs' Department in Darien $ 5,000 City of Darien Repairs to Fort King George Quarters Barrack in Darien $ 25,000 Glynn County Board of Education Purchase air conditioning at the Glynn Academy High School $ 25,000 Liberty County Operation of the Alzheimer respite care facility in Liberty County $ 25,000 City of Commerce Board of Education Purchase/install heating and cooling unit for Commerce High School gym $ 20,000 City of Jefferson Construction of the City of Jefferson Fire Station $ 10,000 Fulton County Board of Education Purchase novel sets for Centennial High School in Fulton County $ 10,000 Fulton County Operate Project Prevent through Emory University in Fulton County $ 25,000 Fulton County Operate My House emergency shelter through Emory University in Fulton County $ 25,000 DeKalb County Operate Changed Living Recovery Residence, Inc. in DeKalb County $ 25,000 DeKalb County Operate Youth Vision Industry Business Empowerment, Inc. $ 40,000 City of Hiawassee Renovate roof at historic Hiawassee City Hall $ 25,000 City of Dillard Renovation of school building in Dillard $ 35,000 City of Mountain City Construct sewer extension in Mountain City $ 25,000 Rabun County Purchase of fireboat at Lake Seed in Rabun County $ 10,000 Rabun County Operate Fight Abuse in the Home in Rabun County $ 10,000 Rabun County Purchase rescue equipment in Rabun County $ 15,000 White County Road and Bridge, restroom White County Recreation Department playground in Sautee Nachoochie Community $ 35,000 Walton County Board of Education Purchase band uniforms for Loganville High School in Walton County $ 15,000 City of Warner Robins Operating expenses for the Museum of Aviation in Warner Robins $ 90,000 City of Warner Robins Operating funds for the Salvation Army Safehouse in Warner Robins $ 50,000 City of Perry Operating funds for the Genesis House Homeless Center in Perry $ 25,000 Houston County Operating funds for the Houston County Arts Alliance $ 25,000 Uncle Remus Regional Library System Purchase van for Uncle Remus Regional Library System $ 17,500 Walton County Board of Education Purchase band uniforms for Loganville High School in Walton County $ 10,000 DeKalb County Beautification of DeKalb communities $ 10,000 DeKalb County Board of Education Repair and purchase of band instruments for Towers and Columbia High Schools in DeKalb County $ 12,000 DeKalb County Board of Education Operation of DeKalb elementary schools honors programs $ 13,000 Fannin County Renovation and repair of Fannin County Court-house $ 5,000 Gilmer County Purchase a Class A fire truck for Gilmer County $ 10,000 Lumpkin County Purchase fencing and lighting for public swimming pool in City of Dahlonega, Lumpkin County $ 5,000 Gwinnett County Board of Education Stadium renovation for South Gwinnett High School $ 15,000 Augusta/Richmond County Operate the Augusta/Richmond County Museum $ 5,000 Richmond County Technology improvements for State Court Solicitors Office in Richmond County $ 5,000 Richmond County Establish museum at Augusta Cotton Exchange through the Augusta/Richmond Museum in Richmond County $ 40,000 Richmond County Operation of Augusta Easter Seals in Richmond County $ 10,000 Richmond County Training for the Richmond County Marshals Department $ 10,000 Richmond County Board of Education Technology improvements CSRA Law Enforcement Training Academy in Richmond County Schools $ 5,000 Richmond County Board of Education Purchase locker locks, new fence for baseball field and landscaping at Westside High School in Richmond County $ 15,000 Cobb County Renovations to and lighting for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County $ 20,000 Cobb County Board of Education Foundation 2000 for Children improve educational facilities in Cobb County $ 25,000 Cobb County Board of Education Improve educational facilities for South Cobb High School Education Foundation $ 15,000 Gwinnett County Board of Education Construct a stadium facility at South Gwinnett High School $ 75,000 City of St. George Purchase a fire brush truck for the City of St. George $ 48,000 Berrien County Purchase computer system for the Berrien County Sheriff Department $ 25,000 Cook County Board of Education Pave sidewalk at Cook County Middle School along Elm Street $ 50,000 City of Fargo Renovate Old Fargo Elementary School building $ 100,000 Berrien County Board of Education Purchase band instruments for Berrien County High School $ 10,000 Camden County Operation of Risk Watch Program at the Camden County Fire Rescue Unit $ 90,528 Dooly County Purchase/install elevator at the Dooly County Courthouse $ 100,000 Wilcox County Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County $ 5,000 City of Rochelle Expand Rochelle City Hall $ 5,000 Athens/Clarke County Operation of the NE Georgia Food Bank in Athens/Clarke County $ 25,000 Oconee County Board of Education Operation of the Agriscience facility at Oconee County High School $ 10,000 Bibb County Operation of the Lighthouse Mission in Bibb County $100,000 Twiggs County Board of Education Connect Dry Branch Elementary School to the Macon Water Authority in Twiggs County $100,000 City of Macon Operation of the Tubman Museum in Macon $ 25,000 McDuffie County Board of Education Purchase equipment for new band facility for the Thomson High School Band $ 10,000 Lincoln County Purchase equipment for Lincoln County Office of Emergency Services $ 10,000 Columbia County Board of Education Operation of foreign language program in Columbia County schools $ 50,000 McDuffie County Board of Education Purchase computer hardware, software and cable for the Thomson High School band room $ 6,500 Gwinnett County Install lighting, renovate concessions and other improvements to the Lilburn/Greater Gwinnett Athletic Association/Lions Club Park $ 25,000 Gwinnett County Board of Education Improvements to fields and equipment at Berkmar High School in Gwinnett County $ 50,000 DeKalb County Operation of Positive Growth, Inc. in DeKalb County $ 25,000 DeKalb County Operation of Scottdale Community Planning Council Transitional Home for Women Girls in DeKalb County $ 75,000 DeKalb County Operation of Scottdale Senior Citizen Center in DeKalb $ 25,000 DeKalb County Operation of South DeKalb Community Development Corporation $ 10,000 Hall County Board of Education Improvements to athletic field at Johnson High School in Hall County $ 20,000 Hall County Board of Education Construct an awning to bus loading area at Flowery Branch Elementary School in Hall County $ 10,000 Hall County Develop nature preserve programs at Elachee Nature Science Center $ 10,000 City of Augusta Construct fields and install additional lighting at Master City Little League $ 15,000 City of Augusta Purchase equipment/install lighting at West Augusta Little League $ 15,000 Richmond County Purchase equipment for Richmond County Boxing Club $ 15,000 Richmond County Operation of Hope House for Women in Richmond County $ 15,000 Richmond County Board of Education Purchase equipment for new facility at the Davidson School of Fine Arts in Richmond County $ 50,000 Richmond County Operation of the Golden Harvest Food Bank $ 20,000 Warren County Purchase rescue equipment for Warren County $ 12,300 Glascock County Purchase a police car for the Glascock Sheriff Department $ 10,000 City of Warrenton Restoration of historic gymnasium in City of Warrenton $ 10,000 Henry County Purchase cameras for the Henry County Police Department $ 45,000 Rockdale County Purchase equipment for the Rockdale County Fire Department $ 30,000 Butts County Purchase equipment for the Butts County Fire Department $ 30,000 Newton County Purchase cameras for the Newton County Sheriffs Department $ 30,000 City of Euharlee Operation of recreation facility in the City of Euharlee $ 15,000 City of Cartersville Operation of recreation facility in the City of Cartersville $ 25,000 City of Dallas Renovations to the Dallas Theater and Civic Complex $100,000 Paulding County Board of Education Operation of Paulding County Board of Education recreation facility $ 25,000 City of Cedartown Operation of recreation facility in the City of Cedartown $ 25,000 City of Aragon Operation of recreation facility in the City of Aragon $ 10,000 City of Rockmart Operation of recreation facility in the City of Rockmart $ 30,000 City of Atlanta Operation of the Vine City Housing Ministry $ 50,000 City of Atlanta Board of Education Renovation of soccer fields at Inman Middle School in Atlanta $ 25,000 City of Atlanta Renovation of recreation center at the Community Affairs Ministry in Fulton County $ 50,000 City of Atlanta Operation of the Morehouse College Life and History of Black Georgians $ 50,000 City of Atlanta Operation of the Outdoor Activity Center after school program in Fulton County $ 50,000 City of Soperton Operation of recreation facility in the City of Soperton $ 10,000 City of Metter Purchase emergency generators for the City of Metter $ 15,000 Treutlen County Operation and repair of the Treutlen Welcome Center on I-16 $ 10,000 Johnson County Repair pumper truck and equipment for the Scott Volunteer Fire Department in Johnson County $ 2,500 Johnson County Purchase well, pump and equipment for the Buckeye Volunteer Fire Department in Johnson County $ 2,500 Johnson County Board of Education Construct multi-purpose facility for Johnson County schools $ 25,000 Lowndes County Construct a facility at Southside Community Center in Lowndes County $ 65,000 City of Remerton Renovation of downtown area in City of Remerton $ 75,000 Thomas County Board of Education Replace carpet in Central High School Gym in Thomas County $ 15,000 City of Remerton Purchase police equipment for City of Remerton $ 20,000 Brooks County Construct Tallokas Community Fire House in Brooks County $ 12,000 City of Boston Renovate library to be used as multi-purpose community center in Boston $ 20,000 Columbus/Muscogee County Operation of Peabody Against Drugs $ 5,000 Columbus/Muscogee County Operation of BTW Against Drugs $ 5,000 Columbus/Muscogee County Operation of SW Muscogee Against Drugs $ 20,000 Columbus/Muscogee County Operation of prison rehabilitation in Muscogee County $ 20,000 Columbus/Muscogee County Operation of the Winterfield on the Move in Muscogee County $ 25,000 Chattahoochee Board of Education Purchase equipment and supplies for the Chattahoochee Board of Education $ 50,000 Columbus/Muscogee County Operation of the Veterans Life Action Center in Muscogee $ 25,000 City of Tyrone Construct a sidewalk/path in the City of Tyrone $ 40,000 City of Tyrone Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone $ 40,000 Douglas County Board of Education Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County $ 25,000 City of Tyrone Operation of the Tyrone Library $ 20,000 Douglas County Operation of Lithia Springs Library in Douglas County $ 25,000 Jenkins County Repairs to depot/museum chamber office in Jenkins County $ 5,000 City of Reidsville Construct shelter for playground at Reidsville Headstart $ 5,000 Tattnall County Board of Education Operation of the STARR Program in Tattnall County Schools $ 10,000 City of Springfield Match downtown improvement grants in City of Springfield $ 5,000 Jenkins County Construct addition to Agriculture Center in Jenkins County $ 5,000 Tattnall County Purchase echo-cardiogram unit for Tattnall Memorial Hospital $ 50,000 Tattnall County Operation of Tattnall Memorial Hospital $100,000 City of Dawson Renovation of downtown building by Dawson Downtown Development Authority $ 50,000 Webster County Board of Education Infrastructure for computers and technical equipment for Webster County school buildings $ 15,000 Lee County Install lighting at Lee County Dixie Youth Baseball fields $ 16,000 City of Fort Valley Repair roof for theater project at the Fort Valley Downtown Development Authority $ 10,000 City of Byron Develop downtown park in City of Byron $ 50,000 Peach County Develop countywide water/sewer system in Peach County $ 50,000 Macon County Increase seating capacity in Macon County school stadium $100,000 Taylor County Purchase property for a parking lot in Taylor County $ 40,000 Whitfield County Operation of the Whitfield/Murray Historical Society $ 50,000 Chattooga County Improvements to the water line at Chattooga County Cloudland Water System $ 50,000 Walker County Construct a multi-purpose building at Walker County WestArmuchee Community Center $ 40,000 City of Dalton Operation of the Northwest Georgia Girls Home $ 20,000 White County Renovations to a recreation facility at White County Recreation Department $ 20,000 Northeast Georgia RDC Economic development along US 441 in the Northeast Georgia RDC region $ 50,000 Rabun County Purchase equipment for Rabun County Volunteer Fire Department $ 5,000 Union County Construct a recreation facility for Union County Parks and Recreation $ 10,000 White County Board of Education Operation of Pioneer RESA in White County $ 8,000 City of East Point Operation of project to identify behavioral problems in East Point $ 30,000 City of Hapeville Renovations to Hapeville city pool $ 50,000 Fulton County Operation of the Promise Children's Home, Inc. in Fulton County $ 20,000 Fulton County Operation of A.U.D.I.E.N.C.E. in Fulton County $ 75,000 Fulton County Operation of Kidsgym USA, Inc. in Fulton County $ 50,000 Chatham County Repairs and improvements to the Oglethorpe Academy in City of Savannah/Chatham County $ 45,000 Chatham County Operation of the Eighth Air Force Museum Women in Aviation Exhibit in Chatham County $ 50,000 Chatham County Operation of the Mighty Eighth Air Force Museum in Chatham County $100,000 Chatham County Purchase van for Frank Callen Boys Girls Club in Chatham County $ 30,000 Long County Operating expenses for Long County $150,000 City of Brunswick Replace recreation equipment in Goodyear Park, City of Brunswick $ 20,000 City of Brunswick Replace recreation equipment in College Park, City of Brunswick $ 20,000 Bryan County Board of Education For school activities by Bryan High School Booster Club and Hendrix Park Expansion $ 50,000 McIntosh County Construct multi-purpose facility in McIntosh County $ 35,000 Liberty County Purchase medical supplies for Coastal Medical Clinic in Liberty County $ 17,000 Liberty County Install water and restrooms at Seabrook Village Foundation in Liberty County $ 20,000 Gwinnett County Board of Education Travel expenses for Norcross High School Band in Gwinnett County $ 10,000 Cobb County Board of Education Construction of multi-purpose outdoor classroom at Pope High School in Cobb County $ 50,000 Meriwether County Construct solid waste compactor/convenience center in Meriwether $ 75,000 City of Hogansville Purchase/construct sanitary sewage pump station in Hogansville $ 75,000 City of Manchester Transfer/removal of overhead power lines in downtown Manchester County $ 50,000 Heard County Construct a solid waste convenience center in Heard County $ 50,000 Elbert County Renovate Elberton Arts Theater in Elbert County $ 25,000 City of Arcade Install water line in City of Arcade $ 25,000 Madison County Board of Education Construct multipurpose recreation park for Madison County Board of Education $ 25,000 Elbert County Construct facilities at William Recreation Park in Elbert County $ 50,000 City of Carnesville Construction on Carnesville recreational complex $ 25,000 Barrow County Renovate Peace Place, Inc., a battered women's shelter in Barrow County $ 10,000 City of Cave Springs Repair roof for Georgia School for the Deaf $ 25,000 City of Kingston Sewage project in City of Kingston $ 31,000 City of Emerson Improvements to recreation facility in the City of Emerson $ 15,000 Bartow County Purchase equipment for Folsom Fire Station in Bartow County $ 25,000 Bartow County Purchase equipment for Pine Log Volunteer Fire Department in Bartow County $ 25,000 City of Rome Operation of Camp Good Times $ 25,000 Dougherty County Provide for a feasibility study for Dougherty County recreation facility $ 90,000 Clay County Operation of the Clay County EMS/ambulance services $ 20,000 Baker County Provide funds for site preparation for Baker Elementary School $ 25,000 Quitman County Board of Education Restoration to the Kaigler Training School Building in Georgetown for the Quitman Board of Education $ 55,000 Randolph County Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County $ 15,000 Houston County Board of Education Purchase equipment for vocation lab in Houston County schools $ 15,000 Pulaski County Consolidate city/county governments in Pulaski County $ 25,000 City of Warner Robins Purchase/install lights and fences for Warner Robins National Little League Program $ 10,000 City of Hawkinsville Feasibility study for river front improvements in City of Hawkinsville $ 50,000 City of Chamblee Improvements to computers at Elaine Clarke Center in City of Chamblee $ 15,000 City of Chamblee Operation of a multi-use recreational facility in the City of Chamblee $ 20,000 Spalding County Board of Education Operation of a program to reduce high school drop-out rates in the Spalding Board of Education $ 50,000 City of Moultrie Repair facilities in the City of Moultrie $ 20,000 City of Whigham Improvements to city properties in City of Whigham $ 15,000 City of Blakely Replace water lines and fire hydrants in the City of Blakely $ 20,000 City of Donaldsville Purchase equipment for the Donaldsville City Fire Department $ 10,000 City of Colquitt Planning, design and renovation of historic building in City of Colquitt $ 10,000 Seminole County Pave parking lot of Senior Citizens Center in Seminole County $ 7,300 Thomas County Board of Education Refurbish track at Thomasville High School $ 15,000 Gwinnett County Board of Education Construct football stadium at Collins Hill High School in Gwinnett County $ 40,000 Gwinnett County Board of Education Renovate football stadium at Dacula High School $ 50,000 Gwinnett County Board of Education Purchase and install lights at Dacula High School baseball field $ 35,000 Greene County Repair and recarpet the Greene County Library $ 20,000 Baldwin County Board of Education Operation of disciplinary program for middle schools in the Baldwin County Student Transition Recovery Program $ 25,000 Baldwin County Purchase computers and education software for Baldwin County Boys and Girls Club $ 10,000 City of Milledgeville Operation of the Milledgeville Local Welcome Center $ 10,000 Putnam County Purchase van for Uncle Remus Regional Library system $ 8,000 City of Madison Operation of the Madison Cultural Center $ 2,000 Baldwin County Develop master plan for Georgia College and State University campus in Baldwin County $ 10,000 City of Morrow Improvements to park in City of Morrow $ 15,000 Lake City Improvements to park in Lake City $ 10,000 Clayton County Construct child care center for Youth Empowerment Project in Clayton County $ 40,000 Clayton County Operation of the Arts Clayton, Inc. in Clayton County $ 25,000 Clayton County Operation of the Alzheimer's Support Services in Clayton County $ 50,000 DeKalb County Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc. $ 50,000 Telfair County Board of Education Pave parking lot and other improvements at Telfair County High School $ 25,000 City of Alma Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma $ 9,694 Dodge County Improvements to facilities at Eastman/Dodge County Recreation Department $ 5,000 Ben Hill County Improvements to Ben Hill County landing $ 15,000 Irwin County Board of Education Purchase band uniforms for Irwin County High School $ 20,000 City of Chester Establish a Chester City Police Department $ 5,000 Fulton County Operation of the Carrie Steele-Pitts Home in Fulton County $ 25,000 Fulton County Renovations to the Southwest Community Hospital to make ADA compliant in Fulton County $ 50,000 DeKalb County Repair gym floor at the Mark Trail Recreation Center $ 25,000 Cobb County Operation of the Cobb County Collaborative $ 20,000 City of Marietta Operation of the Wellstar Hospice Program in Cobb County $ 50,000 City of Keysville Complete the construction of the Keysville Human Development Center $ 35,750 City of Augusta Operation of the Shirley Bladke Burn Retreat at the Southeastern Firefighters Burn Foundation in Augusta $ 55,000 City of Augusta Operation of the Augusta Clean and Beautiful Program $ 20,000 City of Vidalia Operation of the Vidalia Boys and Girls Club $ 5,000 City of Screven Improvements to the water tower electronics board in City of Screven $ 5,000 Pierce County Purchase computer equipment for the Pierce County Chamber of Commerce $ 5,000 Pierce County Renovate building to use as a resource center and meeting facility at the Pierce County Consolidated Men's Club $ 10,000 Glynn County Operation of the Speech, Hearing and Rehabilitation of Coastal Georgia, Inc. in Glynn County $ 25,000 City of Atlanta Operation of Georgia Soccer Foundation $ 30,000 Lee County Board of Education Improvements to irrigation system on athletic fields at Lee County Schools $ 25,000 Bartow County Replace vehicle Bartow County transportation of retarded children $ 75,000 DeKalb County Operation of mentoring programs in DeKalb County $ 40,000 DeKalb County Operation of William T. White Family Resource Center in DeKalb County $ 35,000 DeKalb County Operation of Southeast YMCA after school program in DeKalb County $ 25,000 Pierce County Operating expenses for Pierce County $ 50,000 DeKalb County Operation of Safe Haven program in DeKalb County $ 50,000 Dougherty County Promote Flint River Tourism in Dougherty County $ 150,000 Lee County Promote economic development at Lake Blackshear in Lee County $ 40,000 City of Atlanta Operating funds for Day Care Program and Summer Camp $ 15,000 City of Atlanta Purchase facility for community center in City of Atlanta $ 25,000 City of Atlanta Operation of Arts on the Road project in City of Atlanta $ 20,000 Bartow County Operation of child advocacy center in Bartow County $ 40,000 City of Augusta Operation of child advocacy center in Augusta $ 40,000 Richmond County Operating funds for AKA's historical program in Richmond County $ 10,000 Richmond County Operating funds for Summerville Arts Factory summer enrichment program in Richmond County $ 5,000 Richmond County Operating funds for Southside tutorial after school program in Richmond County $ 40,000 Richmond County Operating funds for Imperial Arts Theater in Richmond County $ 10,000 Richmond County Operating funds for the Augusta Ballet in Richmond County $ 25,000 Richmond County Operating funds for Macedonia Connection tutorial program in Richmond County $ 8,000 Richmond County Operating funds for Tremount Summer Enrichment Program for youth in Richmond County $ 7,000 Richmond County Operating funds for the historical preservation of the Delta House in Richmond County $ 15,000 Richmond County Operating funds for children's program at Lucy Laney High School in Richmond County $ 25,000 Richmond County Operating funds for Jack Jill Outreach Program for disadvantage youth/foster children in Richmond County $ 10,000 Richmond County Operating funds for CSRA Economic Opportunity Authority in Richmond County $ 5,000 Richmond County Operating funds for Delta Leadership Training Program for mentoring in Richmond County $ 20,000 Richmond County Operating funds for Augusta Task Force for the Homeless in Richmond County $ 5,000 Richmond County Operating funds for Beulah Grove Community Resource Center for outreach program and food shelter in Richmond County $ 15,000 Richmond County Operating funds for the Augusta Symphony in Richmond County $ 10,000 Richmond County Operation of the CSRA Transitional Center in Richmond County $ 40,000 Randolph County Feasibility study for an airport in Randolph County $ 20,000 City of Warrenton Renovation of the City of Warrenton Cultural Art Center $ 20,000 Emanuel County Operation of the East Georgia Health Cooperative in Emanuel County $ 75,000 City of Dearing Operation of the Center for Applied Nursery Research in the City of Dearing $ 20,000 City of Macon Operate the Douglas Theater in the City of Macon $ 100,000 Jackson County Construct a horticultural building in Jackson County $ 18,000 Union County Purchase equipment for Union County Hospital $248,000 DeKalb County Operation of the Legacy Program in DeKalb County $ 10,000 City of Lyons Operation of the recreation department in Lyons $ 5,000 City of Vidalia Operation of the recreation department in Vidalia $ 5,000 Warren County Operation of the recreation department in Warren County $ 5,000 DeKalb County Operation of the Senior Connection in DeKalb County $ 2,000 City of Byron Operation of a city park in Byron $ 10,000 Bibb County Purchase band uniforms for Central High School in Bibb County $ 10,000 Quitman County Feasibility study for Quitman Welcome Center $ 25,000 If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose . Veto Roy E. Barnes May 3, 1999

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If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. Veto Roy E. Barnes May 3, 1999 If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property. 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 $2,105,82. 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 11, Employees' Retirement System . It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded. Section 43. Provisions Relative to Section 15, Department of Human Resources. The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such 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. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Section 45. 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 2000 shall not exceed 13.1%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2000 shall not exceed 9.26%. Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act,

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the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the Atlanta Ozone Nonattainment Area and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation Atlanta Ozone Nonattainment Area means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties. Section 47. Provisions Relative to Section 28, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $2,000 for the taxable year beginning January 1, 1999. Section 48. Provisions Relative to Section 32, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2000. Section 49. Provisions Relative to Section 34, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

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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 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. Veto Roy E. Barnes May 3, 1999 It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 50. In addition to all other appropriations for the State fiscal year ending June 30, 2000, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) 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

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funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 51 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 52 . 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 53 . 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

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error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 54 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 55 . In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 56 . (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 1999 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,

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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 57 . Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 58 . 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. Veto Roy E. Barnes May 3, 1999 Section 59 . Salary Adjustments . The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 0% to 6% for employees individual employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999

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(proposed salary adjustments are contingent on an employee's receiving at least satisfactory or meets expectations on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 4.) To provide for a cost of living adjustment for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 5.) To provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1999. 6.) To provide for a 3% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1999. 7.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide for a 4% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1999. 8.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide a 4% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to contractual agreement for academic personnel and July 1, 1999 for non-academic personnel. 9.) In addition to the general salary adjustment in item 1 above, to provide and a 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer and Facilities Police job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the Georgia Gain established target salary levels in the Correctional Officer, Correctional Officer Farm Services, Transfer Officer, Fire Suppressant, Canine Handler job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Public Safety employees earning below the Georgia Gain established target salary levels in the Trooper Cadet, Trooper and Trooper First Class job classifications with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1999. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Public Safety employees earning at or above the Georgia Gain target salary level for the Trooper Cadet, Trooper and Trooper First Class, Corporal, Sergeant, Sergeant First Class, first Lieutenant,

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Captain and Major job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 13.) In addition to the general salary adjustment in item 1 above, to provide a 1.5% funding level for supplemental salary adjustments for certain positions within the Department of Law with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 14.) In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose determined according to the effective date an employee successfully completes this series of courses. 15.) In addition to the general salary adjustment in item 1 above, to provide a 5% increase for law enforcement personnel within the Public Service Commission with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. Section 60. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2000 $ 13,291,103,880 Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 62. All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. LOCAL GOVERNMENTCOUNTIES; EMPLOYEE BENEFITS; ACCG GROUP HEALTH BENEFITS PROGRAM. Code Title 36, Chapter 21 Enacted. No. 434 (Senate Bill No. 197). AN ACT To amend Article 1 of Chapter 21 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, so as to authorize the provision of employee benefits to counties, the Association County Commissioners of Georgia, consolidated governments, local authorities, commissions, and other similar and related entities; to authorize the provision of such benefits through the ACCG Group Health Benefits Program, Inc., a nonprofit corporation; to state legislative intent; to define terms; to provide for powers, duties, and operations of the board of directors of that corporation; to provide for the establishment of benefit

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plans and the provision of benefits to participating entities through contracts with the corporation; to provide for funding; to provide for investments; to provide for exemption from process, levy, or attachment and nonassignability of funds; to provide for exemption from regulation under insurance laws; to provide for tax exempt status; 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 Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, is amended by adding at the end thereof a new Chapter 21 to read as follows: CHAPTER 21 36-21-1. It is declared to be the intent of the General Assembly that a method be provided whereby counties and certain other entities of this state may, in the discretion of their respective governing bodies, provide group health and other employee benefits to their employees through a common administrative and investment system. Such a system based on joint participation will permit counties and other entities, regardless of size, to provide certain benefits to their employees, will reduce overall administrative costs which might be prohibitive if undertaken individually, and will make possible better investment opportunities. It is intended that this chapter be liberally construed to effectuate this intent. 36-21-2. As used in this chapter, the term: (1) `Benefit system' or `system' means the plan or plans of employee benefits offered and administered pursuant to this chapter. (2) `Board' means the board of directors of the ACCG Group Health Benefits Program, Inc. (3) `Contract' means a contract executed pursuant to this chapter between the board and a county. (4) `Corporation' means the ACCG Group Health Benefits Program, Inc., a corporation established under Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' created to provide benefits pursuant to this chapter. (5) `County' means the group health benefits program operated by the corporation; the Association County Commissioners of Georgia and any affiliate; any Georgia county government; any consolidated city-county government; or any public authority, commission, board,

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or similar body created or activated by an Act of the General Assembly or by resolution or ordinance of the county governing authority, individually or jointly with any other political subdivision or subdivisions of the State of Georgia, pursuant to the Constitution or an Act of the General Assembly and which carries out its function on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county. (6) `Employee' means any salaried or hourly rated person employed by a county. Notwithstanding any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a county, the chief legal officer and any associate legal officer, and any other elected or appointed county official. (7) `Employee benefits' means group health benefits, group short-term disability benefits, group death benefits, group accidental death and dismemberment benefits, and such other benefits as from time to time the board may deem advisable. (8) `Member county' means a county which has contracted to become a member of the benefit system as provided for in this chapter. 36-21-3. (a) Any county in this state may enter into a contract with the board for the purpose of providing employee benefits to its employees. (b) The corporation shall be governed by a board of directors, which shall be appointed and shall serve in accordance with the bylaws of the corporation. The board shall be authorized to operate and administer the benefit system in accordance with its bylaws and such other rules and regulations as may be established by the board as necessary or desirable for the administration of the benefit system. (c) The board shall maintain a fidelity bond, and errors and omissions coverage or other appropriate liability insurance, in an amount deemed sufficient by the board. (d) The administrative expenses of the board, including all operational expenses, fees, compensation, and other costs, shall be paid from funds held by it and may be chargeable by it to either principal or income or both, as determined by it, as of any valuation date. Further, the board shall have the authority to allocate expenses among member counties on the basis of costs. 36-21-4. The benefit system authorized under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to member counties.

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36-21-5. (a) (1) The board has the power to establish one or more plans which may be adopted by any county that meets the criteria established by the board. The employees to be covered, the benefits to be provided, and the terms and conditions for benefits shall be provided in the plan. A county is empowered to adopt such a plan by ordinance and to execute an agreement with the board to provide employee benefits as provided in the plan. The agreement and plan entered into by each member county may constitute a separate plan, unless the contract between the board and one or more counties specifically provides that funds of the counties are to be pooled and treated as a single plan. A plan providing employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise. (2) Any agreement between the board and a county which provides for self-funded benefits shall contain a provision that such benefits are to be provided, to the extent fixed in the plan, by the county and that the corporation does not guarantee the benefits. (b) The board is authorized to specify in the plan reasonable employee classifications. (c) Counties are authorized to appropriate funds to provide the benefits specified in such plan and to pay their portion of the administrative costs of the board in administering the system. Each county is authorized to pay the total contribution on behalf of its employees or to provide that a portion be deducted from the salaries of participating employees. (d) Contributions paid by a county shall be paid from county funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the county. 36-21-6. The board is authorized to invest and reinvest funds held by it, in accordance with the bylaws of the corporation, in any investments which are legal investments for domestic insurance companies under the laws of this state or in any investments authorized for trustees of private employee benefit plans by the federal Employees Retirement Income Security Act of 1974, as amended. 36-21-7. Funds held by the board of trustees or for its account shall not be subject to process, levy, or attachment; nor shall benefits arising under this chapter or any contract pursuant to this chapter be assignable unless otherwise specifically permitted under the plan of benefits.

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31-21-8. The provision of employee benefits pursuant to this chapter shall not be subject to regulation under Title 33. 36-21-9. The employee benefit system shall be exempt from state and local taxes and fees. 36-21-10. Nothing in this chapter shall create a debt of the State of Georgia. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. COMMERCE AND TRADEGEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT; DEFINITIONS; PETITIONS; ACTIONS; DEALERS' CLAIMS FOR COMPENSATION; TRANSFERS OF DEALERSHIPS; FRANCHISOR PRACTICES; OWNERSHIP OF DEALERSHIPS. Code Title 10, Chapter 1, Article 22 Amended. Code Section 10-1-670 Enacted. No. 435 (House Bill No. 356). AN ACT To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Georgia Motor Vehicle Franchise Practices Act, so as to change the definition of dealer, franchise, and franchisor and define the term relevant market area; to provide for the filing of petitions with the Department of Revenue; to provide for standing, damages, burden of proof, and venue in actions under this article; to change certain provisions relating to dealers' claims for compensation for predelivery preparation, warranty service, and recall obligations; to provide for the change of management or sale or transfer of a dealership and to provide for a franchisor's right to limit such change, sale, or transfer; to prohibit a franchisor from requiring a dealer to acquire or transfer a line make of motor vehicle if the dealer does not desire to do so; to make unlawful certain acts by franchisors regarding the denial of payment of

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certain claims by dealers; to limit the time during which franchisors can audit dealers; to require franchisors to send invoices to dealers under certain circumstances; to prohibit franchisors from operating, owning, or controlling certain dealerships; to provide for a franchisor's ability to limit a dealer's adding or acquiring a sales or service operation for another line make of motor vehicles; to clarify certain provisions regarding prohibited acts by manufacturers; to restrict a franchisor from establishing a new dealership or relocating a current dealership in the relevant market area of an existing dealership; to provide a definition; to provide for notice; to provide for petitions to enjoin or prohibit such actions by a franchisor and procedures for challenging the establishment or relocation of a dealership in an existing relevant market area; to provide criteria for determining when a new or current dealership may be established in an existing dealer's relevant market area; to place certain restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to make it unlawful for a manufacturer or franchisor to compete unfairly with certain dealers; to provide for an automatic repeal of certain provisions; to provide for related matters; to provide for the applicability of the provisions of Article 22 of Chapter 1 of Title 10; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Georgia Motor Vehicle Franchise Practices Act, is amended by striking in their entirety paragraphs (1), (6), and (7) of Code Section 10-1-622, relating to definitions, and inserting in lieu thereof, respectively, new paragraphs (1), (6), and (7) and by inserting a new paragraph (13.1) to read as follows: (1) `Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term `dealer' shall also include any person who engages exclusively in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchisor or such repairs are performed as part of a manufacturer's or franchisor's warranty. The term `dealer' shall not mean any person engaged solely in the business of selling used motor vehicles. (6) `Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. A franchisor is prohibited from

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effectuating through any letter, memo, or other document or electronic communication any action or terms that this Article makes unlawful when included in a franchise agreement. (7) `Franchisor' means: (A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; (B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale; and (C) Any person, other than a person who finances the purchase or lease of motor vehicles, who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph. (13.1) `Relevant market area' means the area located within an eight-mile radius of an existing dealership. SECTION 2 . Said article is further amended in Code Section 10-1-623, relating to actions for violations of the Georgia Motor Vehicle Franchise Practices Act, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (e) and a new subsection (f) to read as follows: (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief. Said person may recover damages therefor in any amount equal to the greater of (1) the actual pecuniary loss or (2) three times the actual pecuniary loss, not to exceed $750,000.00. In addition, said person may recover costs and reasonable attorney's fees as damages. Upon a prima-facie showing by the person filing the petition or cause of action that a violation of this article has occurred, the burden of proof shall then be upon the opposing party to prove that such violation did not occur.

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(e) Any corporation or association which is primarily owned by or comprised of dealers and which primarily represents the interests of dealers shall have standing to file a petition or cause of action with the Department of Revenue or with any court of competent jurisdiction for itself or by, for, or on behalf of any dealer or group of dealers for an alleged violation of this article or for the determination of any rights created by this article. (f) In addition to any county in which venue is proper in accordance with any provision of the Constitution of this state or any other provision of the Official Code of Georgia Annotated, in any cause of action brought against a manufacturer, franchisor, or distributor which is a corporation by a dealer for any alleged breach of the franchise agreement or alleged violation of this article or for the determination of any rights created by the franchise agreement or this article, venue shall be proper in the county in which the dealer engaged in the business of selling the products or services of such manufacturer, franchisor, or distributor, and the manufacturer, franchisor, or distributor which is a corporation shall be deemed to reside in such county for venue purposes. Any provision of a franchise or other agreement, under which the parties determine, agree to, control, restrict, establish, limit, or direct the venue in which a cause of action under this article shall be brought, shall be void. SECTION 3 . Said article is further amended in Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall obligations and compensation therefor by the distributor, manufacturer, or warrantor, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days. SECTION 4 . Said article is further amended by striking in its entirety Code Section 10-1-653, relating to the sale of a dealership franchise, and inserting in lieu thereof a new Code Section 10-1-653 to read as follows: 10-1-653. If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to

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agree to such proposed change or sale and may not disapprove or withhold approval of such change or sale unless the franchisor can prove that its decision is not arbitrary and that the new management, owner, or transferee is unfit or unqualified to be a dealer based on the franchisor's prior written, reasonable, objective, and uniformly applied, within reasonable classifications, standards or qualifications which directly relate to the prospective transferee's business experience, moral character, and financial qualifications. A franchisor may not disapprove or withhold approval of a change or sale if the new management, owner, or transferee is an owner of a dealership in the State of Georgia which sells the same line-make motor vehicle as the dealership being transferred unless such management, owner, or transferee is not in substantial compliance with its existing franchise agreement relating to performance in the areas of customer satisfaction or sales or unless such management, owner, or transferee does not meet the franchisor's prior written, reasonable, objective, and uniformly applied standards or qualifications relating to its financial qualifications or moral character. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. SECTION 5 . Said article is further amended by striking in its entirety Code Section 10-1-654, relating to the applicability of the Motor Vehicle Franchise Continuation and Succession Act, which reads as follows; 10-1-654. This part shall be applicable only to franchise agreements made, entered into, renewed, continued, or extended after June 30, 1983., and inserting in lieu thereof the following: 10-1-654. Reserved. SECTION 6 . Said article is further amended in subsection (a) of Code Section 10-1-661, relating to actions that a franchisor may not require of or coerce from a dealer, by striking in their entirety paragraphs (5) and (6) and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows: (5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by such dealer in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons;

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(6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the `Motor Vehicle Warranty Practices Act'; or (7) To acquire any line make of motor vehicle or to give up, sell, or transfer any line make of motor vehicle which has been acquired in accordance with this article once such dealer has notified the franchisor that it does not desire to acquire, give up, sell, or transfer such line make or to retaliate or take any adverse action against a dealer based on such desire. SECTION 7 . Said article is further amended in subsection (a) of Code Section 10-1-662, relating to unlawful acts by franchisors, by striking in their entirety paragraphs (12) and (13) and inserting in lieu thereof new paragraphs (12) through (17) to read as follows: (12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line-make or the same accessory; (13) To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such decision or which took place any time prior to the period of time covered by such audit, investigation, or inquiry or to apply the results of an audit, investigation, or inquiry to any activity, transaction, conduct, or other occurrence which took place any time prior to the time covered by such audit, investigation, or inquiry; (14) To charge back to, deduct from, or reduce any account of a dealer or any amount of money owed to a dealer by a franchisor any amount of money the franchisor alleges is owed to such franchisor by such dealer as a result of an audit, investigation, or inquiry of such dealer, but rather if a franchisor alleges that a dealer owes such franchisor any amount of money as a result of an audit, investigation, or inquiry, such franchisor shall send a notice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment;

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(15) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, special program money, or any other amount owed to such dealer unless such denial, delay, restriction, or bill back is the direct result of a material defect in the claim which affects the validity of the claim; (16) To engage in business as a dealer or to manage, control, or operate, or own any interest in a dealership either directly or indirectly, if the primary business of such dealer or dealership is to perform repair services on motor vehicles, except motor homes, pursuant to a manufacturer's or franchisor's warranty; or (17) To refuse to allow, limit, or restrict a dealer from acquiring or adding a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership unless the franchisor can prove by a preponderance of the evidence that such acquisition or addition will substantially impair the dealer's ability to adequately sell or service such franchisor's motor vehicles. SECTION 8 . Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety paragraph (4) of subsection (b), which reads as follows: (4) Impose unreasonable restrictions on the dealer relative to noncompetition covenants, site control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or, and inserting in lieu thereof a new paragraph (4) of subsection (b) to read as follows: (4) Establish or create: (A) By agreement or otherwise, unreasonable restrictions relative to noncompetition covenants or site control, whether by sublease, collateral pledge of lease, agreement, or other means; (B) By agreement or otherwise, a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets. (C) By agreement or otherwise, an option to purchase the dealership or its assets from the dealer; or (D) By agreement or otherwise, unreasonable requirements to comply with subjective standards or other matters incident to the operation of the dealership; or.

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SECTION 9 . Said article is further amended in Code Section 10-1-663, relating to prohibited acts by franchisors, by striking in its entirety subsection (c) which reads as follows: (c) This Code section shall not be effective with respect to franchise agreements entered into before July 1, 1983, unless such franchise agreements are modified, extended, or renewed on or after that date. SECTION 10 . Said article is further amended in Part 5, relating to motor vehicle fair practices, by adding at the end thereof a new Code Section 10-1-664 to read as follows: 10-1-664. (a) Any franchisor which intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within the relevant market area of an existing dealership of the same line-make motor vehicle shall give written notice of such intent by certified mail to such existing dealership. The notice shall include: (1) The specific location of the additional or relocated dealership; (2) The date on or after which the additional or relocated dealership will commence operation at the new location; (3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and (4) The names and addresses of the dealer and principals in the new or relocated dealership. (b) Any existing dealership in whose relevant market area a franchisor intends to establish a new dealership or to relocate a current dealership may within 60 days of the receipt of the notice petition a superior court to enjoin or prohibit the establishment of the new or relocated dealership within the relevant market area of the existing dealership. The court or other tribunal of competent jurisdiction shall enjoin or prohibit the establishment of the new or relocated dealership within the relevant market area of the existing dealerships unless the franchisor can prove by a preponderance of the evidence that the existing dealership is not providing adequate representation of the line-make motor vehicle in the existing dealership's relevant market area and that the new or relocated dealership is necessary to provide the public with reliable and convenient sales and service within the relevant market area. The burden of proof in establishing adequate representation shall be on the franchisor. In determining whether the existing dealership is providing adequate representation and whether the new or relocated dealership is

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necessary, the court or other tribunal may consider, but is not limited to considering, the following: (1) The impact that the establishment of the new or relocated dealership will have on consumers, the public interest, and the existing dealership; provided, however, that financial impact may be considered only with respect to the existing dealership; (2) The size and permanency of investment reasonably made and the reasonable obligations incurred by the existing dealership to perform its obligations under the dealership's franchise agreement; (3) The reasonably expected market penetration of the line-make motor vehicle for the relevant market area involved, after consideration of all factors which may affect such penetration, including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, and other factors affecting sales to consumers in the relevant market area; (4) Any actions by the franchisor in denying its existing dealership of the same line make the opportunity for reasonable growth, market expansion, or relocation, including the availability of line-make motor vehicles in keeping with the reasonable expectations of the franchisor in providing an adequate number of dealerships in the relevant market area; (5) Any attempts by the franchisor to coerce the existing dealership into consenting to an additional or relocated dealership of the same line-make in the relevant market area; (6) Distance, travel time, traffic patterns, and accessibility between the existing dealership of the same line make and the location of the proposed new or relocated dealership; (7) Whether benefits to consumers will likely occur from the establishment or relocation of the dealership which benefits cannot be obtained by other geographic or demographic changes or expected changes in the relevant market area; (8) Whether the existing dealership is in substantial compliance with its franchise agreement; (9) Whether there is adequate interbrand and intrabrand competition with respect to the line-make motor vehicles, including the adequacy of sales and service facilities; (10) Whether the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and market conditions pertinent to dealerships competing in the relevant market area, including anticipated changes; and

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(11) The volume of registrations and service business transacted by the existing dealership and in which would be the relevant market area of the proposed dealership. (c) This Code section shall not apply: (1) To the addition of a new dealership at a location which is within a three-mile radius of a former dealership of the same line make which has been closed for less than two years; (2) To the relocation of an existing dealership to a new location which is further away from the protesting dealer's location than the relocated dealer's prior location; or (3) To the relocation of an existing dealership to a new location which is within a three-mile radius of such dealership's current location and it has been at such current location at least ten years. SECTION 11 . Said article is further amended in Part 5, relating to motor vehicle fair practices, by adding at the end thereof a new Code Section 10-1-664.1 to read as follows: 10-1-664.1. (a) It shall be unlawful for any manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of any new motor vehicle dealer in this state within a 15 mile radius of an existing dealer of such manufacturer or franchisor; to own, operate, or control, directly or indirectly, more than a 45 percent interest in a dealer or dealership in this state; to establish in this state an additional dealer or dealership in which such person or entity has any interest; or to own, operate, or control, directly or indirectly, any interest in a dealer or dealership in this state unless such person or entity has acquired such interest from a dealer or dealership which has been in operation for at least five years prior to such acquisition; provided, however, that this subsection shall not be construed to prohibit: (1) The ownership, operation, or control by a manufacturer or franchisor of a new motor vehicle dealer for a temporary period, not to exceed one year, during the transition from one owner or operator to another; (2) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor during a period in which such new motor vehicle dealer is being sold under a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership;

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(3) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor at the same location at which such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, where there is no prospective new motor vehicle dealer available to own or operate the dealership in a manner consistent with the public interest; (4) The ownership, operation, or control by a manufacturer which manufactures only motorcycles or motor homes of a retail sales operation engaged in the retail sale of motorcycles or motor homes; (5) The ownership, operation, or control by a manufacturer which is selling motor vehicles directly to the public at an established place of business on January 1, 1999, and which has never sold its line make of new motor vehicles in Georgia through a franchised new motor vehicle dealer unless and until such manufacturer is wholly or partially acquired by another manufacturer or franchisor; (6) The ownership, operation, or control by a manufacturer which manufactures trucks with a gross vehicle weight rating of 12,500 pounds or more of a new motor vehicle dealer which only sells trucks with a gross vehicle weight rating of 12,500 pounds or more at the same location at which such manufacturer has been engaged in the retail sale of such trucks as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, or at one additional location which is not located within the relevant market area of an existing dealer of the same line make of trucks; provided, however, this exemption shall apply to a manufacturer described in this paragraph only until such manufacturer is wholly or partially acquired by another manufacturer or distributor; or (7) A manufacturer from selling new motor vehicles to customers if such vehicles are manufactured or assembled in accordance with custom design specifications of the customer and such sales are limited to no more than 150 vehicles per year. (b) It shall be unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make, operating under a franchise, in the State of Georgia, and, except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (7) of subsection (a) of this Code section shall not constitute a violation of this subsection. For purposes of this Code section, a manufacturer or franchisor or any parent, affiliate, wholly or

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partially owned subsidiary, officer, or representative of a manufacturer or franchisor shall be conclusively presumed to be competing unfairly if it gives any preferential treatment to a dealer or dealership of which any interest is directly or indirectly owned, operated, or controlled by such manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of such manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability and use of after warranty adjustments, advertising, floor planning, financing or financing programs, or factory rebates. (c) Except as may otherwise be provided in subsection (a) and subsection (b) of this Code section, no manufacturer or franchisor shall offer to sell or sell, directly or indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line make covering such new motor vehicle. This subsection shall not apply to manufacturer or franchisor sales of new motor vehicles to the federal government, charitable organizations, or employees of the manufacturer or franchisor. (d) This Code section and paragraph (16) of subsection (a) of Code Section 10-1-662 shall be repealed and shall be null and void and of no force and effect on and after April 1, 2002. SECTION 12 . Said article is further amended by adding at the end thereof a new Part 7 to read as follows: Part 7 10-1-670. Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a manufacturer or franchisor and a franchisee shall only apply to any such agreement made, entered into, renewed, extended, modified, or continued after the effective date of such provision. Otherwise, each provision of this article shall apply to all franchise or other agreements. SECTION 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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STATE GOVERNMENTDEPARTMENT OF COMMUNITY AFFAIRS; REGIONAL ECONOMIC ASSISTANCE PROJECTS; CRITERIA; ALCOHOLIC BEVERAGES. Code Title 50, Chapter 8, Article 8 Enacted. No. 436 (Senate Bill No. 179). AN ACT To provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for definitions; to provide for application for designation as a Regional Economic Assistance Project (REAP); to provide for the contents of the application and the minimum criteria for such designation; to provide for complying with such minimum criteria by a reciprocal use agreement with the owner or operator of an adjacent facility; to provide for approval by resolution of the governing authority of a local government; to provide for certifications of compliance and notices of noncompliance; to provide for determination by the Department of Community Affairs as to compliance or noncompliance; to encourage state agencies to give priority in licensing and permitting and in the processing of grants and loans to local governments for REAP's; to provide for issuance of a state license to serve at all times otherwise authorized in any jurisdiction malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for REAP's where such sales are not authorized by local ordinance or resolution; to provide that such a licensee is not required to acquire a license from a local government until such sales are authorized by local ordinance or resolution; to authorize the issuance of such licenses only in counties and municipal corporations in which the sale of all of such alcoholic beverages for the consumption on the premises at all times otherwise authorized in any jurisdiction is not otherwise authorized by law; to provide for taxes by local governments on such alcoholic beverages; to provide for annual reports and rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The General Assembly finds that large scale projects with multiple uses offer a unique opportunity for local government, state government, and the private sector to cooperate in producing growth and development in rural areas resulting in additional local tax revenue and providing employment opportunities of high caliber in tourism and hospitality, industries which are environmentally friendly and promote increased recreational opportunities and an enhanced quality of life for all Georgians. The General Assembly further finds that successful cooperation can provide

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benefits to the state through the overall economic impact of the project, improved local land use management, and strategic infrastructure investment and benefits to the private sector developer through the predictability of certain types of licenses and services. The General Assembly further finds that the location of these projects in rural areas could substantially advance efforts to improve the economic well-being of rural Georgia. SECTION 2 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by inserting a new article to be designated Article 8 to read as follows: ARTICLE 8 50-8-190. As used in this article, the term: (1) `Adjacent facility' means any facility adjoining a project that meets the requirements of a subparagraph of paragraph (3) of subsection (c) of Code Section 50-8-191 which is not met by the project and that is the subject of a reciprocal use agreement executed by the project developer and the owner or operator of the adjacent facility. (2) `Certification of compliance' means a determination by the commissioner that the project meets all criteria to be designated a REAP. (3) `Commissioner' means the commissioner of community affairs. (4) `Full-service restaurant' means a restaurant which regularly serves two or more meals on each day it is open for business and is open for business at least six days weekly. (5) `Notice of noncompliance' means a notice from the commissioner that the Department of Community Affairs has determined that the project has failed to comply with all requirements for designation as a REAP. (6) `Regional Economic Assistance Project' or `REAP' means a project, including any adjacent facility covered by a reciprocal use agreement, which meets the criteria specified in Code Section 50-8-191 and which receives a certification of compliance from the commissioner. 50-8-191. (a) The initial application for designation as a REAP shall be made to the municipal corporation or county in which the project will be located. Developers of projects to be located completely within the corporate limits shall apply to the municipal corporation; developers of projects to be located completely in the unincorporated part of a county shall apply

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to the county; developers of projects to be located partially within the corporate limits of a municipality and partially within the unincorporated part of a county and developers of projects to be located in more than one municipal corporation or more than one county shall apply to the county or municipality in which will be located all or a substantial portion of the restaurant and clubhouse improvements. (b) The application for designation as a REAP shall include: (1) A detailed description of the project, including all adjacent facilities which are subject to a reciprocal use agreement, and showing the scope and design; (2) A map showing the boundaries of the project and showing the current zoning for each area to be included within the project. If the project includes a reciprocal use agreement with the owner or operator of an adjacent facility, the map shall show and include the adjacent facility; and (3) A comprehensive economic and development impact study showing the benefits to be derived from the project. (c) To comply with the minimum criteria for application for designation as a REAP, a project, in combination with any adjacent facility included by a reciprocal use agreement, shall: (1) Be not less than 250 acres in size; (2) Where required, have zoning which is appropriate to the planned uses and plans which are consistent with other land use regulations; and (3) Provide for at least three of the five following criteria: (A) Include one or more regulation 18 hole golf courses, with a clubhouse providing food service; (B) Include a full-service restaurant with minimum seating for 75 or more persons; (C) Include at least 100 residential units; (D) Include at least 200 rooms for overnight stays; or (E) Include conference facilities with capacity for 250 participants. (d) The developer of a project which meets the requirements of paragraphs (1) and (2) of subsection (c) of this Code section and the requirements of two of the criteria set out in paragraph (3) of subsection (c) of this Code section may apply for designation as a REAP. (e) If the project appears to meet the criteria set out in this Code section, the governing authority of the local government may by

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resolution approve the project and submission of the project application to the Department of Community Affairs for review and action. 50-8-192. (a) Upon submission of a project after approval by the local government or governments, the Department of Community Affairs shall determine whether the project meets the criteria set out in Code Section 50-8-191 for designation as a REAP and complies with any rules and regulations promulgated by the Department of Community Affairs to implement this article. If the project meets such criteria and complies with such rules, the commissioner shall issue a certification of compliance. If the project does not meet such criteria and comply with such rules, the commissioner shall issue a notice of noncompliance. (b) Each certification of compliance shall include a summary of the project's expected economic benefits for the short term and the long term and any recommendations for adjustment of the project based upon local land use and comprehensive plans and infrastructure needs. (c) Each notice of noncompliance shall include a list of deficiencies of the project. A developer of a project which has received a notice of noncompliance may resubmit an initial application for designation as a REAP to the local government or governments involved; such a resubmitted application shall include a copy of the notice of noncompliance and a detailed explanation of the project modifications designed to remedy the deficiencies. 50-8-193. (a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Industry, Trade, and Tourism; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification. (b) Where authorized by local ordinance or resolution, a certified project or facility located in a certified project shall be authorized to make sales of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only, upon obtaining a license from the appropriate local authority and the state revenue commissioner. Where all of such sales at all times authorized in any other jurisdiction are not authorized by local ordinance or resolution, a certification of compliance as a REAP shall authorize the state revenue commissioner to issue a state license for the sale of malt beverages, wine, or distilled spirits by

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the drink for consumption on the premises only which are not authorized by local ordinance or resolution to the developer, owner, or operator of a certified project or facility located in a certified project, upon the payment of taxes and fees and, except as provided in this article, compliance with the provisions of Title 3 and Department of Revenue regulations; provided, however, that notwithstanding any contrary provision of Title 3, such a licensee shall not be required to obtain a license from the local government until such time as such sales are authorized by local ordinance or resolution. Further, such a license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only may only be issued to such a developer, owner, or operator of a certified project or facility located in a certified project which is located wholly or partially in a municipal corporation or county in which the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for which such license is sought is not otherwise authorized by local ordinance or resolution. Any license issued to a certified project or facility located in a certified project shall include the right to sell at all times otherwise authorized in any other jurisdiction in this state malt beverages, wine, or distilled spirits for consumption on the premises only. (c) The local government or governments encompassing the facility or facilities for which a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only is issued pursuant to this Code section, with or without the issuance of a local license, is authorized to levy and collect any local taxes on such alcoholic beverages as are otherwise authorized by law. 50-8-194. For each project that has received a certification of compliance, the project developer shall submit an annual report to the Department of Community Affairs until the date planned for completion of all phases of the project. The developer's report shall include a statement regarding the status of private investment, job creation, and construction schedules. The report shall also include information regarding the impact of the project on the local tax base, land use control, and the local government infrastructure for water, sewer, and transportation. 50-8-195. The Department of Community Affairs is authorized to promulgate rules and regulations to implement this article. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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LAW ENFORCEMENT OFFICERS AND AGENCIESBOARD OF PUBLIC SAFETY; MEMBERSHIP; TERMS. Code Section 35-2-1 Amended. No. 437 (Senate Bill No. 242). AN ACT To amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall consist of 15 members: (1) The following three members serve as follows: (A) The Governor, ex officio, who shall be chairperson of the board; (B) An appointee of the Governor who shall not be the Attorney General; and (C) The official in charge of the Department of Corrections, ex officio. (2) Four members shall be selected as follows: (A) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years; (B) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years; (C) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the

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District Attorneys Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years; and (D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984. Each subsequent term shall be for three years. (3) Five members shall be selected as follows: (A) Three members appointed by the Governor. The first appointees shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years; (B) One member appointed by the Lieutenant Governor. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years; and (C) One member appointed by the Speaker of the House of Representatives. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years. (4) By majority vote the board shall appoint three members from the state at large; no person so appointed shall be an officer or employee of any state or local governmental entity at the time of his or her appointment to or during his or her membership on the board. All terms of the three at-large members shall be four years. Any vacancy in the at-large membership shall be filled by the board for the unexpired term. SECTION 2 . This Act shall become effective May 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. REVENUE AND TAXATIONAD VALOREM TAXATION OF PROPERTY; NEW ASSESSMENT DESCRIPTIONS. Code Section 48-5-306 Amended. No. 438 (Senate Bill No. 98). AN ACT To amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in ad valorem tax returns, so as to

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authorize disclosure of additional information to taxpayers in the event of certain increased assessments; 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 . Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in ad valorem tax returns, is amended by adding a new subsection at the end thereof to be designated subsection (d) to read as follows: (d) New assessment description . Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by less than 15 percent, a county governing authority may provide by ordinance or resolution that the notice thereof to the taxpayer may be accompanied by a simple, nontechnical description of the basis for the new assessment. Such notice may also contain a statement of the availability of all documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment. SECTION 2 . This Act shall become effective on January 1, 2000, 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 May 3, 1999. PUBLIC OFFICERS AND EMPLOYEESSALARIES OF VARIOUS STATE OFFICIALS; SALARIES OF MEMBERS AND OFFICERS OF THE GENERAL ASSEMBLY. Code Sections 7-1-31, 38-4-7, 42-2-6, 42-9-5, 45-7-4, 48-2-2, and 50-5-1 Amended. No. 439 (House Bill No. 100). AN ACT To amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the organization and personnel of the Department of Banking and Finance, so as to provide that the salary of the commissioner of banking and finance shall be set by the Governor; to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia

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Annotated, relating to the Department of Veterans Service, so as to provide that the salary of the commissioner of veterans service shall be set by the Governor with additional compensation to come from the United States government; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that the salaries of the commissioner of corrections and the members of the board of pardons and paroles shall be set by the Governor; to amend Code Section 45-7-4, relating to the compensation of certain state officials, so as to change provisions relating to the compensation of certain such officials; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, so as to provide that the salary of the state revenue commissioner shall be set by the Governor; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, so as to provide that the salary of the commissioner of administrative services shall be set by the Governor; to provide that certain increases shall be cumulative; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the organization and personnel of the Department of Banking and Finance, is amended by striking Code Section 7-1-31, relating to the position and term of the commissioner, and inserting in lieu thereof a new Code section to read as follows: 7-1-31. (a) The head of the department shall be the commissioner who shall exercise supervision and control over all divisions and employees of the department. (b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor. SECTION 2 . Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by striking Code Section 38-4-7, relating to the compensation and duties of the commissioner of veterans service, and inserting in lieu thereof a new Code section to read as follows:

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38-4-7. (a) Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and shall be paid in semimonthly installments. Such salary shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (b) The commissioner, as executive and administrative officer of the Department of Veterans Service and the board, shall be in charge of the administration of all matters pertaining to veterans' affairs under this article and in conformity with rules and regulations of the board. (c) It shall be the duty of the commissioner: (1) To effectuate and carry out the laws of the state pertaining to veterans and to perform the duties required of him or her by law and by regulation of the board; (2) To furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under federal legislation, state legislation, or local ordinances; (3) To assist all veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before appropriate federal governmental departments; (4) To report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of a governmental agency dealing with veterans' affairs to the proper authority; and (5) Generally to do and perform all things for the promotion of, in the interest of, and for the protection of the veterans of this state as to their rights under all federal and state laws. SECTION 3 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-6, relating to the duties and compensation of the commissioner of corrections, and inserting in lieu thereof a new Code section to read as follows: 42-2-6. (a) There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this title. (b) The commissioner shall be appointed by and shall serve at the pleasure of the board. Beginning July 1, 1999, the salary of the

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commissioner shall be set by the Governor and the expenses and allowances of the commissioner shall be as set by statute. SECTION 4 . Said title is further amended by striking Code Section 42-9-5, relating to the compensation of the members of the board of pardons and paroles, and inserting in lieu thereof a new Code section to read as follows: 42-9-5. The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their travel expenses and costs of lodging and meals shall be paid as provided in Code Section 45-7-20. SECTION 5 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (4) through (21) of subsection (a) and inserting in place thereof new paragraphs (4) through (21) to read as follows: (4) Commissioner of Agriculture 100,429.00 (5) Attorney General 114,633.00 (6) State auditor 99,608.00 (7) Commissioner of Insurance 100,396.00 (8) Reserved. (9) Commissioner of Labor 100,418.00 The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (10) Reserved. (11) Each member of the Public Service Commission 96,655.00 (12) Reserved. (13) State School Superintendent 102,708.00 (14) Secretary of State 102,708.00 (15) Reserved. (16) Reserved. (17) Reserved. (18) Each Justice of the Supreme Court 139,418.00 (19) Each Judge of the Court of Appeals 138,556.00 (20) Each superior court judge 99,862.00 Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law. (21) Each district attorney 88,635.00 Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law. SECTION 6 . Said Code section is further amended by striking the introductory language and first subparagraph of paragraph (22) of subsection (a) and inserting in lieu thereof the following: (22) Each member of the General Assembly..... 16,200.00 (A) Reserved. SECTION 7 . Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) As a cost-of-living adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the

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Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase. SECTION 8 . Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, is amended by striking Code Section 48-2-2, relating to the office of the state revenue commissioner, and inserting in lieu thereof a new Code section to read as follows: 48-2-2. (a) The office of state revenue commissioner is created. (b) The commissioner shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor. (c) Beginning July 1, 1999, the commissioner shall receive an annual salary to be set by the Governor, payable monthly or semimonthly, which shall be his or her total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (d) The commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers. (e) The commissioner shall be personally liable to the state for any losses occasioned to it by his or her own intentional acts of misconduct. To indemnify the state for any such losses, the commissioner, upon beginning his or her duties, shall execute and file with the Governor an official surety bond approved as to form and sufficiency by the Attorney General in the amount of $100,000.00. The premium on the commissioner's bond shall be paid as an expense of the department. SECTION 9 . Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and the appointment of a

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commissioner, and inserting in lieu thereof a new Code section to read as follows: 50-5-1. There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be set by the Governor. SECTION 10 . If the appropriations Act for the fiscal year beginning July 1, 1999, and ending June 30, 2000, provides a percentage increase in salary for the officials affected by this Act, as authorized in subsection (b) of Code Section 45-7-4, such percentage increase shall be cumulative and in addition to the increases provided under Section 5 of this Act. SECTION 11 . This Act shall become effective on July 1, 1999, except that Sections 6 and 7 of this Act shall become effective on the convening date of the 2001 session of the General Assembly of Georgia. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. EDUCATIONCENTER FOR TRADE AND TECHNOLOGY TRANSFER; ADVISORY BOARD; UNIVERSITY SYSTEM OF GEORGIA. Code Section 20-3-84 Amended. No. 440 (House Bill No. 330). AN ACT To amend Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions relating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Advisory Board to the Center for Trade and Technology Transfer is amended by striking said Code section which reads as follows: 20-3-84. (a) There is created the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College. The advisory board shall be composed of 15 members to be appointed by the chancellor of the University System of Georgia for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the advisory board. The first members of the advisory board shall be appointed not later than July 1, 1996, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members shall serve without compensation or reimbursement of expenses. (b) The advisory board shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at Savannah State College or at such other locations as the chairperson shall determine. (c) The advisory board shall assist and advise the Center for Trade and Technology Transfer at the School of Business of Savannah State College in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) From time to time, the advisory board shall report its findings and recommendations to the Governor and the General Assembly., and inserting in lieu thereof the following: 20-3-84. (a) There is created the Center for Trade and Technology Transfer, which shall function as an economic assistance, information, and

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technical resource service center. There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of eleven members to be appointed as follows: (1) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the Commissioner of the Department of Industry, Trade and Tourism. The members of the board of directors shall serve for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members of the board of directors shall be appointed not later than July 1, 1999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each member shall, however, be entitled to the same pay for per diem and expenses as are members of the Georgia General Assembly. (b) The board of directors shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at such locations as the chairperson shall determine. (c) The board of directors shall assist and advise the Center for Trade and Technology Transfer in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) The board of directors shall report annually its findings and recommendations to the Governor and the General Assembly. (e) The Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. STATE GOVERNMENTOPEN RECORDS; EXEMPTIONS FOR ENGINEERS' COST ESTIMATES AND REJECTED OR DEFERRED BID PROPOSALS. Code Section 50-18-72 Amended. No. 441 (House Bill No. 250). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure engineers' cost estimates and rejected or deferred bid proposals received or prepared by counties or municipalities and certain personal information; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, is amended by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following: (6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned and engineers' cost estimates and rejected or deferred bid proposals until such time as the final award is made, either received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, or by a municipality pursuant to Article 4 of Chapter 4 of Title 32; SECTION 2 . Said Code section is further amended by adding between paragraphs (11) and (12) of subsection (a) a new paragraph to read as follows and this amendment shall supersede Section 4 of HB 279:

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(11.1) An individual's social security number and insurance or medical information in personnel records, which may be redacted from such records; . SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. REVENUE AND TAXATIONCOIN OPERATED AMUSEMENT MACHINES. Code Section 48-17-1 Amended. Code Section 48-17-15 Enacted. No. 442 (Senate Bill No. 193). AN ACT To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of coin operated amusement machines, so as to provide for definitions; to provide that an owner or operator of a business where amusement machines are available for commercial use and play by the public shall not derive more than 50 percent of annual income at that business location from certain amusement machines; to authorize the state revenue commissioner to take certain licensing actions to enforce said provision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of coin operated amusement machines, is amended in Code Section 48-17-1 by inserting new paragraphs to be designated paragraph (2.1) and paragraph (4.1) to read as follows: (2.1) `Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (4.1) `Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction of the amusement machine. SECTION 2 . Said chapter is further amended by inserting a new Code section to be designated Code Section 48-17-15 to read as follows:

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48-17-15. (a) No business owner or business operator shall derive more than 50 percent of such business owner's or business operator's annual income from the business location in which the amusement machine or machines are situated from amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Section 16-12-35. (b) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may refuse to issue or renew a master license or may revoke or suspend a master license for repeated violations of subsection (a) of this Code section. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. CRIMES AND OFFENSESBONA FIDE COIN OPERATED AMUSEMENT MACHINES, GAMES, OR DEVICES; REWARDS. Code Section 16-12-35 Amended. No. 443 (House Bill No. 88). 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 clarify the applicability of certain criminal statutes to coin operated games or devices; to clarify rewards that such games may provide; to provide for accumulation, carry-over, and redemption of winnings; 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 striking in its entirety subsection (d) and inserting in its place the following: (d) (1) Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement

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purposes which involves some skill in its operation if it rewards the player exclusively with: (A) Free replays; (B) Merchandise limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value of not more than $5.00 received for a single play of the game or device; (C) Points, tokens, vouchers, tickets, or other evidence of winnings which may be exchanged for rewards set out in subparagraph (A) of this paragraph or subparagraph (B) of this paragraph or a combination of rewards set out in subparagraph (A) and subparagraph (B) of this paragraph; or (D) Any combination of rewards set out in two or more of subparagraphs (A), (B), or (C) of this paragraph. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (2) A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection may accumulate winnings for the successful play of such bona fide coin operated amusement games or devices through tokens, vouchers, points, or tickets. Points may be accrued on the machine or device. A player may carry over points on one play to subsequent plays. A player may redeem accumulated tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets received does not exceed $5.00 for a single play. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. ALCOHOLIC BEVERAGESSALES ON SUNDAY AT BOWLING CENTERS AND PRIVATE CLUBS; SERVICE AT CERTAIN TECHNICAL INSTITUTES. Code Sections 3-3-7 and 3-7-2 Amended. Code Section 3-8-6 Enacted. No. 444 (House Bill No. 140). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the Sunday sale of alcoholic

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beverages in bowling centers; to provide for Sunday sales of other alcoholic beverages in private clubs; to authorize the serving of alcoholic beverages at a technical institute which is operated by a unit of the Department of Technical and Adult Education and which has a business conference center capable of accommodating 200 people or more incident to its operation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by inserting at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, the following: (o) (1) As used in this subsection, the term `bowling center' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross revenues either from the rental of bowling lanes and bowling equipment or from the combination of the rental of bowling lanes and bowling equipment and the sale of prepared meals and other food products. (2) The governing authority of any municipality or county in any portion of which the sale of alcoholic beverages is authorized may by ordinance authorize the sale of alcoholic beverages for consumption on the premises in any bowling center located within the jurisdiction of such governing authority between the hours of 12:30 P.M. and 12:00 midnight on Sundays. SECTION 2 . Said title is further amended by striking Code Section 3-7-2, relating to Sunday sales of distilled spirits, and inserting in its place the following: 3-7-2. Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits or other alcoholic beverages by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell those same distilled spirits and other alcoholic beverages by the drink at any time on Sundays. SECTION 3 . Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, is amended by adding at the end thereof a new Code Section 3-8-6 to read as follows:

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3-8-6. (a) As used in this Code section, the term `technical institute' means any facility which is operated by a unit of the Department of Technical and Adult Education and which has a business conference center capable of accommodating 200 people or more incident to its operation. (b) Notwithstanding the provisions of Code Sections 3-3-21 and 3-3-21.1, a technical institute may serve alcoholic beverages incident to its operation of a business conference center. (c) For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a technical institute shall be considered to be within a municipality if the institute, or a greater part of the institute, is within the limits of the municipality. A technical institute shall be considered to be within the unincorporated area of a county if the institute, or a greater part of the institute, is located within the unincorporated area of the county. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. MOTOR VEHICLES AND TRAFFICSPEED DETECTION DEVICES. Code Sections 40-14-2, 40-14-3, and 40-14-11 Amended. No. 445 (House Bill No. 289). AN ACT To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to allow speed detection devices to be operated by any registered or certified peace officers of the employing agency if that agency provides continuous law enforcement services or if the applicant allows only peace officers employed full time by the applicant to operate speed detection devices; to allow law enforcement agencies to use speed detection devices on streets and roads for which an application is pending; to provide a rebuttable presumption regarding the use of speed detection devices for purposes other than the promotion of public health, welfare, and safety; to exclude certain fines for speeding violations when calculating total speeding fine revenue for a law enforcement agency; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking subsection (c) of Code Section 40-14-2, relating to the permit required for radar use, and inserting in lieu thereof a new subsection (c) to read as follows: (c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-14-3, relating to applications for speed detection permits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A county sheriff, county or municipal governing authority, or the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided that such application shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation. Law enforcement agencies are authorized to use speed detection devices on streets and roads for which an application is pending as long as all other requirements for the use of speed detection devices are met. Nothing herein shall be construed to affect the provisions of O.C.G.A. Section 40-14-9. SECTION 3 . Said chapter is further amended by adding a new subsection at the end of Code Section 40-14-11, relating to when use of a speed detection device is presumed to be for revenue purposes, to be designated subsection (d), to read as follows: (d) There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the

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promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 40 percent of that law enforcement agency's budget; provided, however, that fines for speeding violations exceeding 17 miles per hour over the established speed limit shall not be considered when calculating total speeding fine revenue for the agency. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. COMMERCE AND TRADEMOTOR VEHICLE SALES FINANCING. Code Sections 10-1-31 and 10-1-39 Amended. Code Sections 10-1-33.1 and 10-1-42 Enacted. No. 446 (House Bill No. 210). AN ACT To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of cash sale price and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions; to provide how certain amounts will be treated in lease transactions; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, is amended by striking paragraphs (1) and (13) of subsection (a) of Code Section 10-1-31, relating to definitions, and inserting respectively in lieu thereof new paragraphs (1) and (13) to read as follows: (1) `Cash sale price' means the price stated in a retail installment contract for which the seller would have sold to the buyer and the buyer would have bought from the seller the motor vehicle which is the subject matter of the retail installment contract if such sale had

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been a sale for cash instead of a retail installment transaction. The cash sale price may include any taxes; registration, certificate of title, license, and other fees; and charges for accessories and their installation and for delivery, servicing, repairing, or improving the motor vehicle. The cash sale price may also include any amount paid to the buyer or to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on the motor vehicle which is the subject of a retail installment transaction under this article. (13) `Time sale price' means the cash sale price of a motor vehicle, the amount included for insurance and other benefits if a separate charge is made therefor, official fees, and finance charges. The time sale price may also include, if it has not been included in the cash sale price, any amount paid to the buyer or to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on the motor vehicle which is the subject of a retail installment transaction under this article. SECTION 2 . Said article is further amended by adding between Code Section 10-1-33 and Code Section 10-1-34 a new Code section to read as follows: 10-1-33.1. A retail installment seller may advance money to a buyer or pay money to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a motor vehicle which is the subject of a retail installment transaction under this article. Any amount so advanced or paid may be financed as part of a retail installment contract and shall not be considered a loan. The transaction and the seller making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to industrial loans, from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans. SECTION 3 . Said article is further amended by striking Code Section 10-1-39, relating to additional definitions, and inserting in lieu thereof a new Code section to read as follows: 10-1-39. In addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 through 10-1-42, the term: (1) `Induce' means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor

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vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced. (2) `Lessee' means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract. (3) `Lessor' means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts. (4) `Motor vehicle lease contract' means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement. (5) `Subject motor vehicle' means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract. (6) `Sublease' means: (A) To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or (B) To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective. SECTION 4 . Said article is further amended by adding at the end thereof a new Code Section 10-1-42 to read as follows: 10-1-42. A lessor or the entity which sells the motor vehicle to the lessor for lease to a lessee may advance money to a lessee or pay money to a third party on behalf of the lessee to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a motor vehicle which is the subject of a motor vehicle lease contract. Any amount so advanced or paid may be included in the gross capitalized cost under the motor vehicle lease contract and shall not be considered a loan. Such advance and the seller or lessor making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to industrial loans,

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from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. COURTSJUVENILE PROCEEDINGS; TEMPORARY CARE AND SUPERVISION OF CHILD IN EMERGENCY. Code Section 15-11-17.1 Enacted. No. 447 (House Bill No. 852). 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 authorize the Department of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or illness, the person in whose custody such child is found is unable to provide for the care of such child; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-17, relating to when a child may be taken into custody, a new Code section to read as follows: 15-11-17.1. (a) Notwithstanding Code Section 15-11-17 or any other provision of law, the Department of Human Resources is authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when: (1) As a result of an emergency or illness, the person who had physical and legal custody of the child or children is unable to provide for the care and supervision of the child or children, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital

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administrator or his or her designee requests that the department exercise such emergency custody; (2) The child or children are not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker. During such period, the department shall endeavor to place the child or children with a relative of the parent or guardian, in shelter care, or in emergency foster care, or shall make other appropriate placement arrangements. The department shall have the same rights and powers with regard to the child or children as does the custodial parent or other legal custodian. (b) Immediately upon receiving custody of the child or children, the Department shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child or children. (c) At any time during such seven-day period, upon the parent or guardian's notification to the department that the parent or guardian, or a relative or designee thereof, is able to provide care to and exercise control over the child or children, the department shall release the child or children to the person having custody of the child or children at the time the child or children were taken into the custody of the department or to such person's relative or designee except as provided in subsection (c) of this Code section. (d) Upon the expiration of such seven-day period, if the child or children have not been released pursuant to subsection (b) of this Code section or if the department determines that there is an issue of neglect, abandonment, or abuse, the department shall promptly contact a juvenile court intake officer or bring the child or children before the juvenile court pursuant to Code Section 15-11-19 or 15-11-21. If, upon making an investigation, the intake or other authorized officer of the court finds that shelter care is warranted for the child or children, then, for purposes of this article, the child or children shall be deemed to have been placed in shelter care at the time such finding was made. The department may take such other and further actions under this article and all other provisions of law, as are authorized and appropriate, with regard to the child or children. (e) During the period when a child is in the care and supervision of the department pursuant to this Code section, the department shall have the same authority to consent to medical treatment for the child as does the child's custodial parent or other legal custodian. (f) The department and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision for a child pursuant to subsection (a) of this Code section, for consenting to medical treatment for the child pursuant to subsection

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(e) of this Code section, and for releasing the child pursuant to subsection (b) of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. INSURANCERISK-BASED CAPITAL LEVELS FOR INSURERS; EXEMPTIONS; REPORTS. Code Sections 33-56-9 and 33-56-10 Amended. No. 448 (House Bill No. 636). AN ACT To amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels for insurers, so as to allow the Commissioner to exempt certain insurers from the burdens of the chapter; to clarify the issue of extraterritorial jurisdiction; 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 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels for insurers, is amended by striking subsection (c) of Code Section 33-56-9, relating to the supplemental nature of the chapter and exemptions for certain property and casualty insurance companies, and inserting in lieu thereof a new subsection to read as follows: (c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which: (1) Meets all three of the following criteria: (A) Writes direct business only in this state; (B) Writes direct annual premiums of $2,000,000.00 or less; and (C) Assumes no reinsurance in excess of 5 percent of direct premium written; or (2) Demonstrates to the satisfaction of the Commissioner by other means that preparation and submission of an RBC report would create an unusual and unnecessary hardship or would result in a report

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which is ambiguous or misleading based upon the unique nature of the company's product offerings or financial structure. SECTION 2 . Said chapter is further amended by adding at the end of Code Section 33-56-10, relating to foreign insurers and the submission of risk-based capital reports, two new subsections to read as follows: (e) The primary responsibility for requiring a domestic insurer to submit RBC reports and take any corrective action rests exclusively with the Commissioner. If, in the judgment of the Commissioner, a domestic insurer has responded promptly and adequately to the department according to the requirements of this Code section, then such domestic insurer should be exempt from responding to separate requests for reports or corrective action from the commissioner of insurance of any other state where the domestic insurer does business. The domestic insurer may request that the information supplied to the Commissioner be shared with the insurance commissioner of any other state, and such information should be accepted by such other insurance commissioner in recognition of the Georgia Commissioner's primary responsibility for, and oversight of, the risk-based capital law as it pertains to domestic insurers. (f) If the Commissioner determines that a domestic insurer is still being required to respond to separate requests for reports or corrective action under the terms of this Code section, then such request shall constitute prima-facie evidence that such other state is imposing a requirement which exceeds the requirements imposed by Georgia law, triggering the provisions of the retaliatory law in Code Section 33-3-26. In such cases, the Commissioner is thereupon authorized to require separate riskbased capital reports or corrective action requirements from each and every insurer doing business in Georgia whose home state commissioner has imposed such requirements on any Georgia domestic insurer. SECTION 3 . This Act shall become effective on July 1, 1999. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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EDUCATIONLOCAL BOARDS OF EDUCATION; PUBLIC SCHOOL CONSTRUCTION CONTRACTS IN EXCESS OF $100,000.00; BIDS. Code Section 20-2-520 Amended. No. 449 (House Bill No. 510). AN ACT To amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain requirements on the letting of public school construction contracts in excess of $100,000.00; to provide 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 20-2-520 of the Official Code of Georgia Annotated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and make all arrangements necessary to the efficient operation of the schools. Such county boards are invested with the title, care, and custody of all schoolhouses or other property, with the power to control such property in such manner as they think will best serve the interests of the public schools; and when, in the opinion of the county board, any schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of the county board; and the conveyance for any such sale shall be executed by the president or secretary of the county board, according to the order of the county board. Such county boards shall have the power to receive any gift, grant, donation, or devise made for the use of the public schools within the respective counties; and all conveyances of real estate which may be made to such a county board shall vest the property in such county board and its successors in office. Such county board may provide for the building of schoolhouses by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the county school superintendent and county board and must be according to the plans furnished by the county school authorities and the State Board of Education. All public school construction contracts in excess of $100,000.00 shall be publicly advertised and awarded through an open and competitive process, regardless of the funding source.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to contracts entered into on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. DOMESTIC RELATIONSFAMILY SUPPORT REGISTRY. Code Sections 19-6-32 and 19-6-33 Amended. Code Section 19-6-33.1 Enacted. No. 450 (House Bill No. 263). AN ACT To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income deduction order payments be redirected to or made through such registry; to provide for implementation and procedures; to provide for notices and sanctions; to provide for cooperation, cooperative agreements, and fees; to provide for immediate withholding from the income and earnings of the obligor; to provide for distribution of support amounts payable within two business days after receipt; to provide that administrative fees shall not reduce child support payments; 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 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking in their entirety paragraphs (1) and (3) of subsection (a.1) and subsection (b) of Code Section 19-6-32, relating to income deduction orders, and inserting in lieu thereof the following: (a.1) (1) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the IV-D agency shall provide for the immediate withholding of such support from the income and earnings of the person required by that order to furnish support unless:

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(A) The court issuing the order finds there is good cause not to require such immediate withholding; or (B) A written agreement is reached between both parties which provides for an alternative arrangement. For purposes of this paragraph, any finding that there is good cause not to require withholding must be based on at least a written determination that implementing wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency. (b) The income deduction order shall: (1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full; (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; and (4) Direct the payor to send income deduction payment including administrative fees authorized by law to the family support registry as provided for in Code Section 19-6-33.1. SECTION 2 . Said chapter is further amended in Code Section 19-6-33, relating to notice, service, and hearings relating to income deduction orders, the obligor's discharge, and penalties, by striking in its entirety paragraph (3) of subsection (e) and inserting in lieu thereof the following: (3) Instruct the payor to forward, within two business days after each payment date, to the family support registry the amount deducted from the obligor's income and a statement as to whether that amount totally or partially satisfies the periodic amount specified in the income deduction order; . SECTION 3 . Said chapter is further amended by adding after Code Section 19-6-33, relating to notices of income deduction orders, a new Code section to read as follows:

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19-6-33.1. (a) As used in this Code section, the term: (1) `Child support enforcement agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors. (2) `Family support registry' means a central registry maintained and operated pursuant to subsection (c) of this Code section, which receives, processes, disburses, and maintains a record of the payment of child support, child support when combined with spousal support, child support arrears, or child support debt made pursuant to court or administrative order. (3) `Income deduction order' means any income deduction order which is made pursuant to Code Section 19-6-32 and which becomes effective upon a delinquency which occurred on or after January 1, 1994, or which became effective immediately without a delinquency on or after January 1, 1994. (b) Any term used in this Code section and defined in Code Section 19-6-31 shall have the meaning provided for such term in Code Section 19-6-31. (c) As required by federal law, there shall be established and operated a family support registry pursuant to IV-D regulations and authority and funding provided to the child support enforcement agency. The child support enforcement agency is authorized to establish and maintain or contract for the establishment and maintenance of the family support registry. This registry shall be used for the collection and processing of payments for support orders in all cases which are enforced by the child support enforcement agency and for all other support orders not being enforced by the child support agency which are subject to income deduction order as defined by paragraph (3) of subsection (a) of this Code section. (d) The child support agency shall as required by federal law redirect payments for support orders in all cases being enforced by the child support agency and for all other support orders not being enforced by the child support agency which are subject to an income deduction order as defined by paragraph (3) of subsection (a) of this Code section. These support payments to a court or receiver or private party by an employer shall be redirected to the family support registry. (e) In implementing the family support registry, the child support enforcement agency is authorized to: (1) Receive, process, and disburse payments for child support, child support when combined with spousal support, child support arrears, or child support debt for any order;

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(2) Maintain records of any payments collected, processed, and disbursed through the family support registry; (3) Establish and maintain a separate record for payments made through the registry as a result of a judgment remedy; (4) Answer inquiries from any parent concerning payments processed through the family support registry; and (5) Collect a fee for the processing of insufficient funds checks and issue a notice to the originator of any insufficient funds check that no further checks will be accepted from such person and that future payments shall be required to be paid by cash or certified funds. (f) On or after April 1, 1999, the child support enforcement agency shall begin implementing the family support registry. The commissioner of the department or the commissioner's designee shall notify the court administrator and the chief judge of each judicial circuit when new income deduction orders are to be directed to the family support registry. (g) Upon implementation of the family support registry in any county or judicial circuit, the following procedures shall be followed in such county or circuit: (1) All administrative orders and all court orders entered or modified which provide for income deduction orders for support payments for child support, child support when combined with spousal support, child support arrears, or child support debt shall require that such payments be made through the family support registry; and (2) The child support enforcement agency shall send or cause to be sent a notice by first class mail directing that all income deduction order payments shall be made to the family support registry. Orders subject to this redirection include: all support orders being enforced by the child support agency and all other orders not being enforced by the child support agency which are subject to an income deduction order as defined in paragraph (3) of subsection (a) of this Code section. The notice shall be sent to the following persons: (A) Any obligor who is obligated to make payments for support, child support when combined with spousal support, child support arrears, or child support debt under court order or administrative order in a IV-D case where the order does not already specify paying through the family support registry; and (B) Any employer or other payor of funds who has been deducting income under Code Section 19-6-32. (h) Any obligor or employer who receives a notice to redirect payments as specified in subsection (g) of this Code section who fails to make the

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payments to the family support registry and who continues to make payments to the court or to the IV-D agency shall be sent a second notice to redirect payments. The second notice shall be sent certified mail, return receipt requested. Such notice shall contain all the information required to be included in the first notice to redirect payments and shall further state that the obligor or employer has failed to make the payments to the correct agency and that the payor or obligor shall redirect the payments to the family registry at the address indicated in the notice. Failure to make payments to the family support registry after a second notice shall be grounds for contempt. (i) (1) Any payment required to be made to the family support registry which is received by the court, receiver, or child support enforcement agency shall be forwarded to the family support registry within two business days after receipt. All income deduction payments from employers or such payments forwarded by the court, receiver, or child support enforcement agency shall be identified with the information specified by the family support registry, including but not limited to the court case number, social security number, the county where the case originated, and the name of the obligor. A copy of the notice to redirect payments described in paragraph (g) of this Code section shall be mailed to the obligee and the court. (2) Except as provided by federal law, the family support registry shall distribute all support amounts payable within two business days after receipt from the employer or other payment source. (j) The department shall coordinate the operation of the family support registry with the state case registry created under Code Section 19-11-39 so as to reduce if not eliminate the need for duplicate reporting and information recording. The department is authorized to enter into cooperative agreements with the courts of the judicial circuits in order to implement the family support registry. The department shall be authorized to establish and collect from the income deduction order obligor or other obligor paying support through the family support registry an administrative fee. The fee shall not exceed $2.00 per payment or 5 percent of the amount of each payment or the actual cost of processing and distributing the child support from the source to the obligee, whichever is the lesser. (k) Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child.

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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 May 3, 1999. PUBLIC OFFICERS AND EMPLOYEESSALARY AND ALLOWANCES FOR MEMBERS AND OFFICERS OF GENERAL ASSEMBLY, STATE OFFICIALS, AND MEMBERS OF BOARDS AND COMMISSIONS. Code Sections 28-1-8, 45-7-4, and 45-7-21 Amended. No. 451 (House Bill No. 101). AN ACT To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that the amount of the daily expense allowance shall be fixed by the Legislative Services Committee; to provide for the time and manner of fixing such allowance; to provide for related matters; to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions relating to cost-of-living increases for members of the General Assembly; to change provisions relating to expense reimbursement accounts of members of the General Assembly; to abolish a specific per diem differential account; to increase the general expense reimbursement account; to change other matters relating to such expense reimbursement accounts; to make a conforming change; to change provisions relating to expense allowances of certain boards, commissions, and other bodies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows: (1) During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance. Each member shall also receive the mileage allowance for the use of a

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personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairperson must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The amount of the daily expense allowances provided for in this paragraph shall be fixed by the Legislative Services Committee; provided, however, that the amount of the daily expense allowance shall remain at $75.00 until changed by the Legislative Services Committee. The Legislative Services Committee shall review, and when appropriate revise, the amount of the daily expense allowance at its fourth calendar quarter meeting in each fiscal year, with the revisions to take effect in the following fiscal year. The committee may likewise review and revise the amount at other times as deemed appropriate by the Legislative Services Committee. The amount of the daily expense allowance shall be fixed by the Legislative Services Committee in an amount which reasonably corresponds to the housing and meal expenses typically incurred by members in the performance of their duties; provided, however, that the amount so fixed shall not exceed the federal per diem rate in effect for the state capital as specified by the General Services Administration at the time that the committee acts.

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SECTION 2 . Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended in Code Section 45-7-4, relating to salaries of certain state officials, by striking subparagraphs (A) through (F) of paragraph (22) of subsection (a) and inserting in place thereof new subparagraphs (A) through (E) to read as follows: (A) Reserved. (B) Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be as provided in that Code section. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. (C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No sworn voucher or supporting document shall be required for per diem differential. (D) The amount of per diem differential which may be claimed for each day under subparagraph (C) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the general appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the General Services Administration. Per diem differential shall

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be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid. (E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized. SECTION 2.1 . Said Chapter 7 of Title 45 is further amended in Code Section 45-7-4 striking subsection (b) and inserting in its place a new subsection to read as follows:

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(b) As a cost-of-living adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase. SECTION 3 . Said Chapter 7 of Title 45 is further amended by striking Code Section 45-7-21, relating to expense reimbursement for members of certain boards and commissions, and inserting in its place a new Code section to read as follows: 45-7-21. (a) Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:

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(1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Corrections; (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Georgia Board for Physician Workforce; (13) Georgia Music Hall of Fame Authority; (14) Georgia Sports Hall of Fame Authority; and (15) Georgia Rail Passenger Authority. (b) Whenever this Code section or any other law of this state provides that members of any board, commission, or other body shall receive the same daily expense allowance as members of the General Assembly, whether by specific reference to this Code section or any other law or by a more general reference, the members of such board, commission, or other body shall receive a daily expense allowance of $75.00. Such $75.00 amount shall apply for members of such boards, commissions, and other bodies, regardless of whether the amount actually received by members of the General Assembly under Code Section 28-1-8 is more or less than $75.00. The provisions of this subsection shall control over any conflicting provisions of any other earlier enacted law. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that the provisions of this Act relating to the reimbursable expense accounts provided for in subparagraphs (a)(22)(C) and (a)(22)(D) of Code Section 45-7-4 shall take effect on the date of convening of the year 2000 session of the General Assembly and Section 2.1 of this Act shall take effect on the date of convening of the year 2001 session of the General Assembly. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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LOCAL GOVERNMENTCOUNTY OR MUNICIPAL GOVERNING AUTHORITIES; VOLUNTEER FIREFIGHTERS. Code Section 36-60-22 Enacted. No. 452 (Senate Bill No. 13). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation; to provide for statutory construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end a new Code section to read as follows: 36-60-22. (a) As used in this Code section, the term `volunteer firefighter' means a person who is a volunteer firefighter, as defined in Code Section 47-7-1, relating to definitions regarding the Georgia Firefighters' Pension Fund, and who receives no compensation for services as a volunteer firefighter other than: (1) Actual expenses incurred; (2) A per diem for services; (3) Contributions to the Georgia Firefighters' Pension fund; (4) Workers' compensation coverage under Chapter 9 of Title 34; or (5) Any combination of items specified in paragraphs (1) through (4) of this subsection. (b) Notwithstanding the provisions of Code Section 36-30-4, 45-2-2, or any other provision of law to the contrary, a volunteer firefighter for a county or municipal corporation shall be eligible to serve as a member of the governing authority of that county or municipal corporation. (c) Nothing in this Code section shall require a county or municipal governing authority to make any of the payments or offer the benefits to volunteer firefighters specified in subsection (a) of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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AGRICULTURESOUTHERN DAIRY COMPACT; ENACTMENT. Code Title 2, Chapter 18 Enacted. No. 453 (Senate Bill No. 34). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission; to provide for funds; to provide for obtaining and use of information; to provide for rules and regulations; to provide for enforcement and penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide for expense allowance and travel cost reimbursement for members of the delegation from the State of Georgia to the Southern Dairy Compact Commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end of said title a new Chapter 18 to read as follows: CHAPTER 18 2-18-1. The Southern Dairy Compact is enacted into law and entered into by the State of Georgia with all other jurisdictions legally joining therein. The full text of said compact is as follows: `SOUTHERN DAIRY COMPACT ARTICLE I. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY Section 1. Statement of purpose, findings, and declaration of policy. The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in

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the south, and to assure consumers of an adequate, local supply of pure and wholesome milk. The participating states find and declare that the dairy industry is an essential agricultural activity of the south. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region. The participating states further find that dairy farms are essential, and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities. In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle. Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the market-place in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system. By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits. Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established. In today's regional dairy marketplace, cooperative, rather than individual state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states

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acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution. ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Section 2. Definitions. For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context: (1) Class I milk means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of Section 3. (2) Commission means the Southern Dairy Compact Commission established by this compact. (3) Commission marketing order means regulations adopted by the commission pursuant to Sections 9 and 10 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk. (4) Compact means this interstate compact. (5) Compact over-order price means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to Sections 9 and 10 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. (6) Milk means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes. (7) Partially regulated plant means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein. (8) Participating state means a state which has become a party to this compact by the enactment of concurring legislation.

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(9) Pool plant means any milk plant located in a regulated area. (10) Region means the territorial limits of the states which are parties to this compact. (11) Regulated area means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order. (12) State dairy regulation means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order, or otherwise. Section 3. Rules of construction. (a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact. (b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in Section 1. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes. ARTICLE III. COMMISSION ESTABLISHED Section 4. Commission established. There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members

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shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission. Section 5. Voting requirements. All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission's by-laws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business. Section 6. Administration and management. (a) The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its by-laws an executive committee composed of one member elected by each delegation. (b) The commission shall adopt by-laws for the conduct of its business by a two-thirds vote and shall have the power by the same vote to amend and rescind these by-laws. The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states. The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states. (c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture. (d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:

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(1) To sue and be sued in any state or federal court; (2) To have a seal and alter the same at pleasure; (3) To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes; (4) To borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the commission as security therefor, subject to the provisions of Section 18 of this compact; (5) To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and (6) To create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis. Section 7. Rulemaking power. In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact. ARTICLE IV. POWERS OF THE COMMISSION Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation. The commission is hereby empowered to: (1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region. (2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs. (3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems.

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Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems. (4) Prepare and release periodic reports on activities and results of the commission's efforts to the participating states. (5) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk. (6) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services performed with respect to milk. (7) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms. Section 9. Equitable farm prices. (a) The powers granted in this section and Section 10 shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order. (b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents per gallon at Atlanta, Ga., however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one dollar and fifty cents per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations. (c) A commission marketing order shall apply to all classes and uses of milk. (d) The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially

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regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders. (e) In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor. (f) When establishing a compact over-order price, the commission shall take such other action as in necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes. (g) The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services. Section 10. Optional provisions for pricing order. Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following: (1) Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program. (2) With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission,

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or a single minimum price for milk purchased from producers or associations of producers. (3) With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk. (4) Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area. (5) Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them. (A) With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area. (B) With respect to any commission marketing order, as defined in Section 2, subdivision (9), which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area. (6) Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order. (7) Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.

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(8) Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area. (9) Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, Section 18(a). (10) Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966. (11) Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers. ARTICLE V. RULEMAKING PROCEDURE. Section 11. Rulemaking procedure. Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f), or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials. Section 12. Findings and referendum. (a) In addition to the concise general statement of basis and purpose required by section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553 (c), the commission shall make findings of fact with respect to:

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(1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV. (2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes. (3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order. (4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in Section 13. Section 13. Producer referendum. (a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f), is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. (b) An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (c) For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivision (2) through (5) hereof. (1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.

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(2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission. (3) Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order. (4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer's name from the list certified by such cooperative with its corporate vote. (5) In order to insure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative. Section 14. Termination of over-order price or marketing order. (a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact. (b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order. (c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553). ARTICLE VI. ENFORCEMENT Section 15. Records, reports, access to premises. (a) The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For

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purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons. (b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person. (c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney. Section 16. Subpoena, hearings and judicial review. (a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence. (b) Any handler subject to an order may file a written petition with. the commission stating that any order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

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(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to Section 17. Any proceedings brought pursuant to Section 17, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section. Section 17. Enforcement with respect to handlers. (a) Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall: (1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation. (2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states. (b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by: (1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or (2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state. (c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or

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regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist. ARTICLE VII. FINANCE Section 18. Finance of start-up and regular costs. (a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under Section 6, subdivision (d), paragraph 4. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses. (b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor. Section 19. Audit and accounts. (a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission. (c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

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ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL Section 20. Entry into force; additional members. The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and when the consent of Congress has been obtained. Section 21. Withdrawal from compact. Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal. Section 22. Severability. If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.' 2-18-2. (a) The delegation from the State of Georgia to the Southern Dairy Compact Commission, as established in Article III of the compact, shall be composed of five members appointed as follows: (1) One member representing consumers of milk shall be appointed by the Governor; (2) One member shall be appointed by the Speaker of the House of Representatives; (3) One member representing the school food service profession shall be appointed by the President of the Senate; and (4) Two members shall be appointed by the Commissioner of Agriculture, one of whom shall be a dairy farmer engaged in the production of milk and one of whom shall be a milk handler actively

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engaged in the processing of fluid milk at the time of appointment or reappointment. (b) Members must be registered to vote in the state. (c) Members shall serve a term of four years and may be reappointed, but no member shall serve more than three consecutive terms. Members shall serve until their successors are duly appointed. Any appointment to fill an unexpired term shall be for the balance of the unexpired term and shall be made by the appropriate appointing authority. The Commissioner of Agriculture shall designate one member of the delegation to serve as chairperson, at the pleasure of the Commissioner. (d) A majority of the delegation shall constitute a quorum for the transaction of business. (e) All clerical and other services required by the delegation shall be provided by the Commissioner of Agriculture. (f) The delegation is assigned to the Department of Agriculture for administrative purposes only. (g) The funds necessary to carry out this chapter and the Southern Dairy Compact shall be paid from funds appropriated to or otherwise made available to the Department of Agriculture for such purpose. 2-18-3. The Commissioner of Agriculture may, by lawful means, obtain information pertaining to the dairy industry which the Commissioner deems necessary to carry out the purposes of this chapter and the Southern Dairy Compact. Such information may be utilized by the Commissioner, the delegates, and the Southern Dairy Compact Commission. 2-18-4. The Commissioner of Agriculture may adopt such rules and regulations, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact. 2-18-5. (a) No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact. (b) For purpose of the enforcement of this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact, the provisions of Code Section 2-2-10, Code Section 2-2-11, and Chapter 5 of this title shall be applicable to any violation.

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(c) Each day on which a violation occurs shall be a separate violation. SECTION 2 . Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, is amended by striking Code Section 45-7-21, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions, and inserting in lieu thereof the following: 45-7-21. Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows: (1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Corrections; (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Joint Board of Family Practice; (13) Georgia Music Hall of Fame Authority; (14) Georgia Sports Hall of Fame Authority;

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(15) Georgia Rail Passenger Authority; and (16) The delegation from the State of Georgia to the Southern Dairy Compact Commission. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. LOCAL GOVERNMENTLOCAL GOVERNMENT CABLE FAIR COMPETITION ACT OF 1999; ENACTED. Code Title 36, Chapter 89 Enacted. No. 454 (Senate Bill No. 240). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the Local Government Cable Fair Competition Act of 1999; to provide for a short title; to define certain terms; to require public providers of cable service to conduct certain cost benefit analyses and hold a public hearing prior to authorizing the delivery of cable service; to provide for a public provider's accounting methods regarding the costs of providing cable service and prohibit cross-subsidization; to impose certain requirements on public providers of cable service with respect to franchise agreements, conditions of access to public property, pole attachment, and requests to transfer, modify, or renew an existing franchise; to impose certain requirements on franchising authorities which provide cable service with respect to the imposition or enforcement of local regulations; to provide for a defense in actions to enforce franchise agreements; to establish certain requirements relating to the price or rate charged for cable service by public providers; to provide for the applicability of certain provisions of law regarding open meetings and records to public providers of cable service; to provide for the immunity of local governments from antitrust liability when offering and providing cable service; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 89 to read as follows:

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CHAPTER 89 36-89-1. This chapter shall be known and may be cited as the `Local Government Cable Fair Competition Act of 1999.' 36-89-2. As used in this chapter, the term: (1) `Cable service' means: (A) The one-way transmission to subscribers of (i) video programming or (ii) other programming service; and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (2) `Capital costs' means all costs of providing a service which are capitalized in accordance with generally accepted governmental accounting principles. (3) `Cross-subsidization' or `cross-subsidize' means the payment of any item of direct or indirect costs of providing a service which is not accounted for in the full cost accounting of providing the service. (4) `Direct costs' means those expenses of a public provider which are directly attributable to the provision of a service that would be eliminated if the provision of said service were discontinued. (5) `FCC' means the Federal Communications Commission. (6) `Franchising authority' means any governmental entity which is empowered by law to grant a franchise and which is also a public provider. (7) `Full-cost accounting' means the accounting for all costs incurred by a public provider in providing a service, including all direct and indirect costs, as required by this chapter. In preparation of such accounting, a public provider shall utilize cost accounting standards promulgated by the federal Costs Accounting Standards Board of the federal Office of Management and Budget so as to assure that all direct and indirect costs are included. (8) `Generally accepted governmental accounting principles' means the accounting standards promulgated from time to time by the Governmental Accounting Standards Board. (9) `Indirect costs' means any costs identified with two or more services or other public provider functions and which are not directly identified with a single service. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal,

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and other staff or departmental support. Indirect costs shall be allocated to two or more services in proportion to the relative burden each respective service places upon the cost category. (10) `Private provider' means any person, firm, partnership, corporation, or association offering service, other than a public provider. (11) `Public provider' means any county, municipal corporation, or other political subdivision of the state which provides service; any authority or instrumentality acting on behalf of or for the benefit of any county, municipal corporation, or other political subdivision of the state which provides service; and any authority or instrumentality created by the state which provides service. (12) `Service' means cable service provided by a private provider or a public provider. (13) `Subscriber' means any private person lawfully receiving any cable service provided by a private or public provider by means of or in connection with a cable system. 36-89-3. (a) Prior to the authorization to deliver service, a public provider must prepare reasonable projections of at least a three-year cost-benefit analysis which identifies and discloses the total projected direct costs and indirect costs of and revenues to be derived from providing the service. Such costs shall be determined by using generally accepted governmental accounting principles. (b) Prior to the authorization to deliver service, a public provider shall conduct at least one public hearing. A notice of the time, place, and date of the hearing shall be published in a newspaper of general circulation within the jurisdiction of the public provider once a week for the two weeks preceding the week in which the hearing is to be held. 36-89-4. On and after January 1, 2000, each public provider shall prepare and maintain records in accordance with generally accepted governmental accounting principles which record the full cost accounting of providing service. Such records shall show the amount and source of capital, including working capital, utilized in providing service. Nothing contained in this chapter shall preclude a public provider utilizing capital from any lawful source, including the public provider's general funds, provided that the reasonable cost of such capital is accounted for as a cost of providing the service. No public provider shall cross-subsidize the costs of providing service. A public provider shall impute into its indirect costs of providing service an amount for franchise fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem property taxes, calculated in the same manner as such amounts are calculated for any

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private provider paying such costs to the public provider in the same service area. 36-89-5. (a) In providing service, a public provider shall not employ terms more favorable or less burdensome than those imposed by the public provider upon any private provider providing the same service within its jurisdiction with respect to franchise terms and conditions, conditions of access to public property, and pole attachment. (b) A franchising authority shall not impose or enforce any local regulation on any private provider which is not also made applicable to any competing public provider, nor shall a franchising authority discriminate between a public provider and private provider. (c) A public provider may not unreasonably withhold a request by a private provider to transfer, modify, or renew its existing franchise in accordance with the terms of the franchise and in accordance with the provisions of 47 U.S.C. Section 537, 47 U.S.C. Section 545, and 47 U.S.C. Section 546. (d) In any action by a franchising authority to enforce any term or condition of a franchise agreement, a violation of this Code section by the public provider with respect to such respective term or condition shall be a defense in such action. (e) Nothing contained in this Code section shall be interpreted to limit the authority of the public provider, as the franchising authority, to collect franchise fees, control and regulate its streets and public ways, or enforce its powers to provide for the public health, safety, and welfare. 36-89-6. On and after January 1, 2000, a public provider shall offer service at a price or rate to each subscriber which is either (1) equal to or greater than the price or rate for comparable service of competing private providers or (2) equal to or greater than the incremental direct and indirect costs of providing service to such subscriber. If, however, such service is required by state or federal law or regulation to be offered as a subsidized service, the funds to cover any deficiency in such costs shall be identified in the full cost accounting of such service. 36-89-7. All meetings and records of public providers of a service shall be subject to the Georgia public records and public meetings laws contained, respectively, in Article 4 of Chapter 18 of Title 50 and Chapter 14 of Title 50. 36-89-8. The immunity from antitrust liability afforded to local governments by the provisions of Code Sections 36-65-1 and 36-65-2 shall not apply to

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public providers in the offering and providing of services as defined in this chapter; and public providers shall be subject to applicable antitrust liabilities, subject, however, to the provisions of the federal Local Government Antitrust Act of 1984, 15 U.S.C. Sections 34-36. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999. PENAL INSTITUTIONSPROBATION; ADDITIONAL FEES IN CERTAIN CASES. Code Section 42-8-34 Amended. No. 455 (Senate Bill No. 218). AN ACT To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections; to provide for new one-time fees in connection with probated and suspended sentences in certain courts; 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 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, is amended by striking subsection (d) and inserting in its place a new subsection to read as follows: (d) (1) 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, and in addition, a one-time fee of $25.00 to be imposed where such defendant was convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2, or $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department

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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. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, or state court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit. SECTION 2 . This Act shall become effective July 1, 1999, and shall apply with respect to sentences entered on or after that effective date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved May 3, 1999.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1999 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

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AD VALOREM PROPERTY TAXESHOMEOWNER'S INCENTIVE ADJUSTMENT. Proposed Amendment to the Constitution. No. 44 (House Resolution No. 269). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to authorize the General Assembly to provide by general law for procedures and conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article VII of the Constitution is amended by adding a new section immediately following Section II, to be designated Section IIA, to read as follows: SECTION IIA. HOMEOWNER'S INCENTIVE ADJUSTMENT Paragraph I. State grants; adjustment amount . For each taxable year, a homeowner's incentive adjustment may be applied to the return of each taxpayer claiming such state-wide homestead exemption as may be specified by general law. The amount of such adjustment may provide a taxpayer with a benefit equivalent to a homestead exemption of up to $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower. The General Assembly may appropriate such amount each year for grants to local governments and school districts as homeowner tax relief grants. The adjustments and grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law heretofore or hereafter enacted. SECTION 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide for a homeowner's incentive adjustment for ad valorem property tax relief? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved May 3, 1999.