representative hall, atlanta, georgia thursday, april 2, 2015 ... journals/2015/day 40.pdfatlanta,...

4626 JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, April 2, 2015

Fortieth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was

called to order by the Speaker. The roll was called and the following Representatives answered to their names:

Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer

Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley Greene Hamilton

Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb E Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall McClain Meadows Mitchell

Morris Mosby Nimmer Nix O'Neal Pak Parrish Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E Smith, L

Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative Abrams of the 89th was not

recorded on the attendance roll call. She wished to be recorded as present.

The following members were off the floor of the House when the roll was called:

THURSDAY, APRIL 2, 2015 4627

Representatives Casas of the 107th, Jacobs of the 80th, Jordan of the 77th, Kirby of the 114th, Mayo of the 84th, Oliver of the 82nd, and Parsons of the 44th. They wished to be recorded as present. Prayer was offered by Representative Mack Jackson, District 142, Pastor, St. James Fellowship Church, Tennille, Georgia. The members pledged allegiance to the flag. Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received:

House of Representatives State Capitol, Room 217 Atlanta, Georgia 30334

April 1, 2015 Mr. Bill Reilly, Clerk House of Representatives 309 State Capitol Atlanta, GA 30334

RE: H.B. 170 CCR Dear Mr. Clerk: I somehow missed a vote on the Conference Committee Report on H.B. 170 last night and was recorded as not voting. I would like the Journal to reflect that I voted Yea on this bill. Your help in this matter would be greatly appreciated. Sincerely,


/s/ John Yates State Representative District 73 JY:dr

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were

introduced, read the first time and referred to the Committees:

HB 691. By Representatives Tanner of the 9th, Willard of the 51st, Welch of the 110th, Caldwell of the 131st and Golick of the 40th:

A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide the removal of appointed municipal court judges under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary. HB 692. By Representatives Carter of the 175th, Beverly of the 143rd, Maxwell of the

17th, Dickson of the 6th and Smyre of the 135th:

A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize marriage and family therapists to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons for involuntary evaluation and treatment for mental illness or alcohol


or drug abuse; to define certain terms; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services. HB 693. By Representatives Burns of the 159th, Roberts of the 155th, McCall of the

33rd, Williams of the 168th and Knight of the 130th:

A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal and reenact Chapter 6A, relating to land conservation; to create the Georgia Legacy Trust Fund; to create funding mechanisms for the protection and preservation of conservation land and provide for their operation; to provide for legislative intent; to provide for definitions; to establish procedural requirements for approval of project proposals; to provide for related matters; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment. HB 694. By Representatives Brockway of the 102nd, Dudgeon of the 25th and

Raffensperger of the 50th:

A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia, relating to insurance generally, so as to provide for disclosure of health care fees; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for disclosures by health care providers; to provide for certain notices; to provide for penalties; to provide for prohibitions for filing credit reports and violation penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance. HB 695. By Representatives Randall of the 142nd, Dempsey of the 13th, Harbin of the

122nd, Hatchett of the 150th, Rogers of the 29th and others:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for office based surgery procedures; to provide for definitions; to provide for exemptions; to provide for application of procedures; to provide for accreditation or certification requirements; to provide for competency standards; to provide for sedation assessment and management; to provide for separation of


surgical and monitoring functions; to provide for emergency care and transfer protocols; to provide for medical record requirements; to provide for standards of practice; to provide for adverse events and advertising requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services. HB 696. By Representatives Welch of the 110th, Willard of the 51st, Oliver of the

82nd, Chandler of the 105th and Houston of the 170th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Human Resources, so as to provide that the department shall, upon request, conduct criminal background investigations as required by the Department of Juvenile Justice and the Department of Behavioral Health and Developmental Disabilities; to provide for the issuance and use of such certification; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Juvenile Justice. HB 697. By Representatives Kirby of the 114th, Harden of the 148th, Caldwell of the

20th, Burns of the 159th, Jasperse of the 11th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to require solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs. HB 698. By Representative Mitchell of the 88th:

A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that no public retirement system shall invest funds in companies producing songs using certain racist or obscene lyrics; to provide for divestiture of such investments; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.


Referred to the Committee on Retirement. HB 699. By Representatives Welch of the 110th, Setzler of the 35th, Strickland of the

111th and Tanner of the 9th:

A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties, municipal corporations, and other governmental entities, so as to define a certain term; to provide that when a majority of an elected governing body is not elected to serve the next term of office, such body shall not have the authority to incur debt, execute contracts, or dispose of assets; to provide that such contracts or instruments of indebtedness shall be void ab initio; to provide for a cause of action to enforce such provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs. HB 700. By Representatives Epps of the 144th, Weldon of the 3rd, Hawkins of the

27th, Gardner of the 57th and Bennett of the 94th:

A BILL to be entitled an Act to amend Article 7C of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to therapy services for children with disabilities, so as to revise provisions relating to therapy services under Medicaid for children with disabilities; to provide for requirements relating to the Children's Intervention Services Program; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services. HR 863. By Representatives Stover of the 71st, Caldwell of the 20th, Cooke of the

18th, Tarvin of the 2nd, Spencer of the 180th and others:

A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that all proceeds received by the state from title ad valorem taxes on motor vehicles shall be appropriated for providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Transportation.


HR 864. By Representatives Dudgeon of the 25th and Duncan of the 26th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means. HR 900. By Representatives Barr of the 103rd, Welch of the 110th, Cooke of the 18th,

Brockway of the 102nd and Williamson of the 115th:

A RESOLUTION providing for delegates from the General Assembly of Georgia to the Assembly of State Legislatures; and for other purposes.

Referred to the Committee on Governmental Affairs. HR 906. By Representatives Waites of the 60th, Williams of the 87th, Jones of the

53rd, Anderson of the 92nd and Kidd of the 145th:

A RESOLUTION urging the State of Georgia to consider the devastation caused by pit bull attacks when crafting legislation regulating dogs so as not to impose on local governments that choose to regulate those dogs for the safety of the community; and for other purposes.

Referred to the Committee on Governmental Affairs. HR 907. By Representatives Burns of the 159th, Roberts of the 155th, McCall of the

33rd, Williams of the 168th and Knight of the 130th:

A RESOLUTION proposing an amendment to the Constitution so as to authorize an annual allocation of 75 percent of the revenue derived from the state sales and use tax with respect to the sale of outdoor recreation equipment to a trust fund to be used for the protection and preservation of conservation land; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.


By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 685 HB 689 HR 853 HR 862

HB 686 HB 690 HR 854

Representative Tankersley of the 160th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 215 Do Pass SB 216 Do Pass SB 217 Do Pass SB 220 Do Pass SB 231 Do Pass SB 237 Do Pass SB 238 Do Pass

Respectfully submitted, /s/ Tankersley of the 160th Chairman Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report: Mr. Speaker: Your Committee on Juvenile Justice has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 768 Do Pass Respectfully submitted, /s/ Weldon of the 3rd Chairman


The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, APRIL 2, 2015

Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule None

Modified Open Rule HR 810 House Study Committee on Short-Term Rental Providers; create

(SBD-Burns-159th)

Modified Structured Rule SB 59 "Partnership for Public Facilities and Infrastructure Act" (Substitute)

(GAff-Hamilton-24th) Hill-6th (AM 28 1425) SB 156 State Charter Schools Commission; authorize to establish a nonprofit

foundation (Ed-Belton-112th) Tippins-37th SB 203 Georgia World War I Centennial Commission; create; membership,

powers, and duties (Substitute)(D&VA-Yates-73rd) Hill-6th SR 126 Bill T. Hardman Hospitality Highway; Dawson and Lumpkin counties;

dedicate (Substitute)(Trans-Roberts-155th) Gooch-51st

Structured Rule None

Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Meadows of the 5th Chairman


By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time: SB 215. By Senator Harbison of the 15th:

A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 216. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of

the 38th and Thompson of the 14th:

A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 217. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of

the 38th and Thompson of the 14th:

A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.


SB 220. By Senator Harbison of the 15th:

A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 231. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:

A BILL to be entitled an Act to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 237. By Senator Gooch of the 51st:

A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 238. By Senator Burke of the 11th:

A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.


By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon: HB 623. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the

140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by revising Section 5 by deleting "and" at the end of paragraph (19.1) and by adding a new paragraph to read as follows:

"(19.2) As authorized by and pursuant to an intergovernmental agreement with the governing authority responsible for storm water control in the areas served by the authority, to provide storm water management services and operate, maintain, develop, repair, and construct a storm water management system and utility in areas served by the authority; to issue bonds therefor, set rates, establish fees, and enter into agreements regarding the same; and to perform any and all actions related to the operation and maintenance of such storm water management system and utility including the right to exercise all powers as are now or may hereafter be vested in the authority in connection with its operation and provision of water and sewerage services in the areas which it services; and".

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.


HB 652. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th:

A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.



To create the Perry Public Facilities Authority; to provide for the appointment of members of such authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.


SECTION 1. Short title.

This Act shall be known and may be cited as the "Perry Public Facilities Authority Act."

SECTION 2. Perry Public Facilities Authority.

(a) There is created a public body corporate and politic to be known as the "Perry Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.


(b) The authority shall consist of seven members. The mayor and councilmembers of the City of Perry shall each appoint one member whose term on the authority shall correspond with the term of the mayor or councilmember who appointed such member. (c) The members of the authority shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice-chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall have no voting rights. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term:

(1) "Authority" means the Perry Public Facilities Authority created by this Act. (2) "City council" means the city council of the City of Perry, Georgia, or similar body or person managing the affairs of the city. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, rights of way, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "City" means Perry, Georgia, and its successors. (5) "Project" means:

(A) All buildings, facilities, equipment, and other real and personal property necessary or beneficial for the efficient operation of the city or any department, agency, division, or commission thereof; and (B) Any undertaking of the city permitted pursuant to the Revenue Bond Law.

(6) "Revenue Bond Law" means the state's Revenue Bond Law as enacted in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated.


(7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act and the Revenue Bond Law. (8) "Self liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (9) "State" means the State of Georgia.

SECTION 4.

Powers. The Authority shall have the power:

(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority; provided, however, no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, the city, and any other political subdivision or municipality of the state are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, dispose of, and sell projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United


States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow funds for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness and the power to enter into interest rate swaps, forward purchase agreements, repurchase agreements, and other similar agreements; (12) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5.

Revenue bonds. The authority, or any entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds by the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.


SECTION 6.

Revenue bonds; form; denomination; registration; place of payment. The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of such revenue bonds. The revenue bonds may be issued in registered form, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 7. Revenue bonds; signatures; seal.

All revenue bonds shall bear the manual or facsimile signature of the chairperson or vice-chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer and the income therefrom shall be exempt from all taxation within the state. The authority shall be exempt from all taxation within the state in the same manner and to the same extent that the city is exempt from such taxes.

SECTION 9. Revenue bonds; sale; price; proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

SECTION 10. Revenue bonds; interim receipts and certificates or temporary bonds.


Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, exchangeable for definitive revenue bonds upon the issuance of the latter.

SECTION 11.

Revenue bonds; replacement of lost or mutilated bonds. The authority may provide for the replacement of any revenue bonds which shall become mutilated or be destroyed or lost.

SECTION 12. Revenue bonds; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self liquidating. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage. Any such resolution may be passed by a majority of the authority's members at any regular or special meeting that is duly advertised by the authority pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the city nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any


trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding, and application of all monies.

SECTION 15. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person, or any agency, bank, or trust company, who shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall fall due; the principal or purchase price of such revenue bonds as the same shall fall due; any premium upon such revenue bonds as the same shall fall due; the purchase of such revenue bonds in the open market; and the necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 17. Remedies of bondholders.


Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 18. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any city, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the superior court of Houston County, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 20. Interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such


revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 21. Monies received considered trust funds.

All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the public purpose of the authority is declared to be that of providing public buildings, facilities, equipment, and other real and personal property for the citizens in the city.

SECTION 23. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations, all or any part of the revenues.

SECTION 24. Rules, regulations, service policies, and

procedures for operation of projects. It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the


officers, agents, and employees of the city when in the performance of their public duties or work of the city.

SECTION 26. Tax-exempt status of authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, city, or the state and any political subdivision thereof.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from the city or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 28. Earnings and dissolution.

The earnings of the authority shall not inure to the benefit of private persons. Upon dissolution of the authority, title to all property of the authority shall revert to the city.

SECTION 29. Liberal construction of Act.

This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act.

SECTION 30. Severability; effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 31. Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.


SECTION 32. Repealer.

All laws and parts of laws in conflict with this Act are repealed.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, and on the agreement to the Senate substitutes, the roll

call was ordered and the vote was as follows: Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton

Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain

Y Meadows Y Mitchell Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims

Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, and on the agreement to the Senate substitutes, the ayes

were 169, nays 0.


The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 209. By Senator Jackson of the 2nd:

A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved April 4, 2012 (Ga. L. 2012, p. 4628), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local. The following members were recognized during the period of Morning Orders and addressed the House:

Representatives Stephens of the 164th, Gravley of the 67th et al., Kendrick of the 93rd, Stovall of the 74th, Battles of the 15th, Kirby of the 114th, Bentley of the 139th, Anderson of the 92nd, Williamson of the 115th, Pezold of the 133rd, Thomas of the 39th et al., and Thomas of the 56th.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 810. By Representative Burns of the 159th:

A RESOLUTION creating the House Study Committee on Short-Term Rental Providers; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper Y Corbett E Dawkins-Haigler

Y Harbin Y Harden Y Harrell Y Hatchett

Y Meadows Y Mitchell Y Morris Y Mosby

Y Smith, E Y Smith, L Y Smith, M Y Smith, R


Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Efstration Y Ehrhart Y England Y Epps Y Evans Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton

Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Jones, L Y Jones, S Jordan Y Kaiser Y Kelley Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo Y McCall McClain

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims

Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th,

Williams of the 19th, Stone of the 23rd and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.


Representative Fleming of the 121st moved that the House adhere to its position in insisting on its substitute to SB 127 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Fleming of the 121st, Hamilton of the 24th and Rynders of the 152nd. HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the

121st and Rynders of the 152nd:

A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.

Representative Taylor of the 79th moved that the House insist on its position in disagreeing to the Senate substitute to HB 520 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Taylor of the 79th, Brockway of the 102nd and Rynders of the 152nd.

HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others:

A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes.




To amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the Official Code of Georgia Annotated, relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to prohibit private causes of actions or civil remedies pursuant to provisions of the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to provide for venue; to provide for abuse, neglect, and exploitation of disabled adults, elder persons, and residents as a racketeering activity; to provide for priority scheduling of cases when the alleged victim is a disabled adult or elder person; to change provisions relating to reporting abuse, neglect, and exploitation of disabled adults and elder persons; to change provisions relating to inspection of premises pursuant to inspection warrants; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to revise the Good Samaritan law to provide for damaging property in emergency situations; to amend Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, so as to cross-reference the Good Samaritan law; to provide for related matters; to repeal conflicting laws; and for other purposes.


PART I SECTION 1-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-100, relating to definitions for the protection of elder persons, by adding a new paragraph to read as follows:

"(7.1) 'Mentally or physically incapacitated' means an impairment which substantially affects an individual's ability to:

(A) Provide personal protection; (B) Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care; (C) Carry out the activities of daily living; or (D) Manage his or her resources."

SECTION 1-2. Said title is further amended by revising Code Section 16-5-103, relating to exceptions to criminal liability, as follows:


"16-5-103. (a) An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or conspirator to the abuse or neglect, as defined in Code Section 30-5-3, or exploitation of a disabled adult, elder person, or resident. (b) A violation of this article shall not give rise to a private cause of action or civil remedies under subsection (b) or (c) of Code Section 16-14-6 against a long-term care facility or any owner, officer, employee, operator, or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to the state pursuant to state law."

SECTION 1-3.

Said title is further amended by revising Code Section 16-5-104, relating to applicability, and by adding a new Code section to read as follows:

"16-5-104. For the purpose of venue under this article, any violation of this article shall be considered to have been committed:

(1) In any county in which any act was performed in furtherance of the violation; or (2) In any county in which any alleged victim resides.

16-5-105. This article shall be cumulative and supplemental to any other law of this state."

SECTION 1-4.

Said title is further amended in subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations Act)," by deleting "or" at the end of division (xl), by replacing the period with "; or" at the end of division (xli), and by adding a new division to read as follows:

"(xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons."

SECTION 1-5. Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for trial, is amended by revising Code Section 17-8-1, relating to cases to be called in the order in which they stand on docket, as follows:

"17-8-1. (a) The cases on the criminal docket shall be called in the order in which they stand on the docket unless the defendant accused is in jail or, otherwise, in the sound discretion of the court.

(b)(1) As used in this Code section, the terms 'disabled adult' and 'elder person' shall have the same meaning as set forth in Code Section 16-5-100.


(2) When the alleged victim is a disabled adult or elder person, the prosecuting attorney shall notify the accused if it intends to seek preferred scheduling. The notice shall be in writing and shall:

(A) Allege the specific factor or factors that will inhibit a disabled adult from attending or participating in court proceedings if he or she is a disabled adult; or (B) State the age of the alleged victim if he or she is an elder person.

(3) When notice has been given pursuant to paragraph (2) of this subsection, the court shall set a date for a hearing on the issue within 14 days after the filing of such notice. The court shall consider the matter and if the court determines that preferred scheduling is necessary, the trial shall not be:

(A) Subject to subsection (a) of this Code section; and (B) Earlier than 30 days from the date of the hearing."

SECTION 1-6.

Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising Code Section 30-5-3, relating to definitions, as follows:

"30-5-3. As used in this chapter, the term:

(1) 'Abuse' means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (2) 'Caretaker' means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law. (3) 'Department' means the Department of Human Services. (4) 'Director' means the director of the Division of Aging Services of the Department of Human Services, or the director's designee. (5) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is:

(A) Is mentally or physically incapacitated or has; (B) Has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia,; or (C) Has dementia, as defined in Code Section 16-5-100.

(6) 'Elder person' means a person 65 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. (7) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent.


(8) 'Exploitation' means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage. (9) 'Fiduciary' shall have the same meaning as set forth in Code Section 7-1-4. (10) 'Financial institution' shall have the same meaning as set forth in Code Section 7-1-4.

(11) 'Investment company' means an individual or a corporation, a partnership, a limited liability corporation, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated that:

(A) Is engaged or proposes to engage in the business of effecting transactions in securities; (B) Is engaged or proposes to engage in the business of issuing securities, or has been engaged in such business and has any certificates outstanding; or (C) Is engaged or holds itself out to be in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities.

(12) 'Long-term care facility' shall have the same meaning as set forth in Code Section 31-8-81. (13) 'Mentally or physically incapacitated' means an impairment which substantially affects an individual's ability to:

(A) Provide personal protection; (B) Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care; (C) Carry out the activities of daily living; or (D) Manage his or her resources.

(9)(14) 'Neglect' means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person. (10)(15) 'Protective services' means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person. (16) 'Resident' shall have the same meaning as set forth in Code Section 31-8-81. (17) 'Security' shall have the same meaning as set forth in Code Section 10-5-2. (11)(18) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct:

(A) Lewd exhibition of the genitals or pubic area of any person;


(B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure."

SECTION 1-7.

Said chapter is further amended by revising subparagraph (a)(1)(B) and subsections (b) and (c) of Code Section 30-5-4, relating to reporting of need for protective services, as follows:

"(B) Any employee of a financial institution, as defined in Code Section 7-1-4, or investment company having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution or investment company while that employee is acting as a fiduciary, as defined in Code Section 7-1-4, but only for such assets that the employee is holding or managing in a fiduciary capacity." "(b)(1)(A) A report that a disabled adult or elder person who is not a resident of a long-term care facility as defined in Code Section 31-8-81 is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services as designated by the department and to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse, neglect, or exploitation is made to an adult protection agency or independently discovered by the agency, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney make a reasonable determination based on available information as to whether the incident alleges actions by an individual, other than the disabled adult or elder person, that constitute a crime and include such information in their report. If a crime is suspected, the report shall immediately be forwarded to the appropriate law enforcement agency or prosecuting attorney. During an adult protective agency's investigation, it shall be under a continuing obligation to immediately report the discovery of any evidence that may constitute a crime. (B) If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-81 person is 65 years of age or older and is a resident, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the


abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31.

(2) Reporting required by subparagraph (A)(1) of this subsection The report may be made by oral or written communication. Such The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. (3) When a report of a disabled adult's or elder person's abuse, neglect, or exploitation is originally reported to All such reports prepared by a law enforcement agency, it shall be forwarded by such agency to the director or his or her designee within 24 hours of receipt.

(c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil liability or criminal liability prosecution on account of such report or testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud. Any financial institution, as defined in Code Section 7-1-4 or investment company, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil liability or criminal liability prosecution on account of such report or testimony or participation of its employee, unless such financial institution or investment company knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts."

SECTION 1-8. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising paragraph (2) of subsection (a) of Code Section 31-2-9, relating to record check requirements for certain facilities, as follows:

"(2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery;


(D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Article 8 of Chapter 5 of Title 16; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41; (M) A felony violation of Code Section 31-7-12.1; (M)(N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere; or (N)(O) Any other criminal offense as determined by the department and established by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that would indicate the unfitness of an individual to provide care to or be in contact with persons residing in a facility."

SECTION 1-9.

Said title is further amended by adding a new Code section to read as follows: "31-2-13. (a) As used in this Code section, the term 'commissioner' means the commissioner of community health or his or her designee. (b) Nothing in this Code section shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or pursuant to a rule or regulation enacted pursuant to this title. (c) An inspection warrant is an order, in writing, signed by a judicial officer, directed to the commissioner or any person authorized to make inspections for such commissioner and commanding him or her to conduct an inspection required or authorized by:

(1) This title; (2) Any other law administered by the commissioner; (3) Rules or regulations promulgated pursuant to this title; or (4) Rules or regulations promulgated pursuant to any other law administered by the commissioner.

(d) The commissioner or any person authorized to make inspections for such commissioner shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21.

(e)(1) An inspection warrant shall be issued only upon cause and when supported by an affidavit which:


(A) Particularly describes the place, dwelling, structure, premises, or vehicle to be inspected; (B) Particularly describes the purpose for which the inspection is to be made; and (C) Contains either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent.

(2) Cause to support the issuance of an inspection warrant shall be deemed to exist if: (A) Reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle; or (B) There is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.

(f) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfaction that such extension or renewal is in the public interest. Such inspection warrant shall be executed and returned to the judicial officer by whom it was issued within the time specified in such warrant or within the extended or renewed time. After the expiration of such time, the inspection warrant, unless executed, shall be void. (g) An inspection pursuant to an inspection warrant:

(1) May be executed at any time as deemed appropriate by the individual executing such warrant but whenever possible shall be made at any time during operating or regular business hours; (2) Should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle being inspected unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the law, rule, or regulation being enforced; and (3) Shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry when facts are shown:

(A) Which are sufficient to create a reasonable suspicion of a violation of this title or any other law, rule, or regulation administered by the commissioner or the department, which, if such violation existed, would be an immediate threat to health or safety; or (B) Establishing that a reasonable attempt to serve a previous inspection warrant has been unsuccessful.

(h) When prior consent for an inspection has been sought and refused and an investigation warrant has been issued, an inspection warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle being inspected. (i) It shall be unlawful for any owner, operator, or employee of the particular place, dwelling, structure, premises, or vehicle being inspected to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this Code section. Any person violating this Code section shall be guilty of a misdemeanor."


SECTION 1-10. Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement, is amended by revising subsection (b) of Code Section 31-5-10, relating to notifying department or board of health of conditions on private property which are injurious to the public and inspection warrants, as follows:

"(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the department Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records."

SECTION 1-11. Said title is further amended by revising Code Section 31-5-20, relating to "inspection warrant" defined, as follows:

"31-5-20. As used in this chapter article, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health."

SECTION 1-12.

Said title is further amended by revising Code Section 31-5-21, relating to persons who may obtain inspection warrants, as follows:

"31-5-21. The commissioner or the commissioner of community of public health or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner of community public health or the director of any county board of health, or the agents of any, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health."


SECTION 1-13. Said title is further amended by revising Code Section 31-5-24, relating to excluding evidence, as follows:

"31-5-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party."

PART II SECTION 2-1.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by revising Code Section 51-1-29, relating to liability of persons rendering emergency care, as follows:

"51-1-29. (a) Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person. (b) As used in this Code section, the term 'emergency care' shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle."

SECTION 2-2. Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, is amended by revising paragraph (5) as follows:

"(5) When the person's conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or"

PART III

SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Willard of the 51st offers the following amendment: Amend the Senate substitute to HB 72 (LC 29 6648ERS) by inserting after "warrant;" on line 12 the following:


to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; By inserting between lines 358 and 359 the following:

PART IA SECTION 1A-1.

Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended in paragraph (1) of subsection (s) by deleting "or" at the end of subparagraph (A) and adding a new subparagraph (C) to read as follows:

"(C) Is suspected of being mentally ill and is the subject of an order issued pursuant to Code Section 37-3-41 when the court issuing such order finds in an in camera hearing by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; or"

On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abrams Y Alexander N Allison Y Anderson N Atwood Y Ballinger Barr Y Battles E Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps

Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Jackson Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Jordan

Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince N Pruett N Quick N Raffensperger Rakestraw

Y Smith, E Y Sm

representative hall, atlanta, georgia thursday, april 2, 2015 ... journals/2015/day 40.pdfatlanta,...

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