| 10 | | - | provide for the revision of small business impact analyses; to create the Wrongful Conviction6 |
|---|
| 11 | | - | Compensation Review Panel; to provide for a short title; to provide for applicability; to7 |
|---|
| 12 | | - | provide for definitions; to provide for the composition of such panel; to provide for the8 |
|---|
| 13 | | - | burden of proof and evidence to be considered by such panel; to provide for evaluation of9 |
|---|
| 14 | | - | claims by such panel; to provide for notice of claims, forms, and hearings; to provide for10 |
|---|
| 15 | | - | such panel to make recommendations to such board; to provide for payments; to provide for11 |
|---|
| 16 | | - | legislative construction; to conform terminology; to provide for related matters; to provide12 |
|---|
| 17 | | - | a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.13 |
|---|
| 18 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 19 | | - | - 1 - LC 56 0208S |
|---|
| 20 | | - | PART I15 |
|---|
| 21 | | - | SECTION 1-1.16 |
|---|
| 22 | | - | This Act shall be known and may be cited as the "Small Business Protection Act of 2024."17 |
|---|
| 23 | | - | PART II18 |
|---|
| 24 | | - | SECTION 2-1.19 |
|---|
| 25 | | - | Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is20 |
|---|
| 26 | | - | amended in Chapter 5, relating to financial affairs, by revising Code Section 28-5-60, relating21 |
|---|
| 27 | | - | to such board's creation, membership, and representation of members by deputies or other22 |
|---|
| 28 | | - | designated employees, as follows:23 |
|---|
| 29 | | - | "28-5-60.24 |
|---|
| 30 | | - | (a) As used in this article, the term:25 |
|---|
| 31 | | - | (1) 'Board' means the Claims Advisory Board created in subsection (b) of this Code26 |
|---|
| 32 | | - | section.27 |
|---|
| 33 | | - | (2) 'The state or any of its departments or agencies' means any department, agency,28 |
|---|
| 34 | | - | bureau, or commission of state government, excluding state authorities, and also29 |
|---|
| 35 | | - | excluding any county or municipal department, agency, bureau, commission, or authority.30 |
|---|
| 36 | | - | (b) There is created the Claims Advisory Board, hereinafter called the board, to be31 |
|---|
| 37 | | - | composed of the Secretary of State, who shall be the chairman chairperson, the32 |
|---|
| 38 | | - | commissioner of human services, the commissioner of corrections, and the commissioner33 |
|---|
| 39 | | - | of transportation. Whenever the board takes any official action authorized under the law34 |
|---|
| 40 | | - | or duly promulgated rules and regulations, three of the members shall constitute a quorum,35 |
|---|
| 41 | | - | ; however, any of those individuals named above may be represented by a deputy or other36 |
|---|
| 42 | | - | designated employee; and any such action shall be valid if any two of the remaining three37 |
|---|
| 43 | | - | individuals members are present during such action. Any board member may be38 |
|---|
| 44 | | - | - 2 - LC 56 0208S |
|---|
| 45 | | - | represented by a deputy or other designated employee, and such individual's actions shall39 |
|---|
| 46 | | - | have the same effect as a board member's actions.40 |
|---|
| 47 | | - | (b)(c) The Claims Advisory Board board is assigned to the Secretary of State for41 |
|---|
| 48 | | - | administrative purposes only as prescribed in Code Section 50-4-3."42 |
|---|
| 49 | | - | SECTION 2-2.43 |
|---|
| 50 | | - | Said chapter is further amended in Article 4, relating to the Claims Advisory Board, by44 |
|---|
| 51 | | - | repealing Code Section 28-5-60.1, relating to "the state or any of its departments or agencies"45 |
|---|
| 52 | | - | defined, in its entirety.46 |
|---|
| 53 | | - | SECTION 2-3.47 |
|---|
| 54 | | - | Said article is further amended in Part 2, relating to claims against state or departments or48 |
|---|
| 55 | | - | agencies, by adding a new Code section to read as follows:49 |
|---|
| 56 | | - | "28-5-87.50 |
|---|
| 57 | | - | The provisions of this part shall not apply to a claim made pursuant to Part 4 of this article."51 |
|---|
| 58 | | - | SECTION 2-4.52 |
|---|
| 59 | | - | Said article is further amended by adding a new part to read as follows:53 |
|---|
| 60 | | - | "Part 454 |
|---|
| 61 | | - | 28-5-110.55 |
|---|
| 62 | | - | This part shall be known and may be cited as the 'Wrongful Conviction Compensation Act.'56 |
|---|
| 63 | | - | 28-5-111.57 |
|---|
| 64 | | - | (a) As used in this part, the term:58 |
|---|
| 65 | | - | (1) 'Exonerated' means an individual:59 |
|---|
| 66 | | - | - 3 - LC 56 0208S |
|---|
| 67 | | - | (A) Had his or her judgment of conviction reversed or vacated, or was granted a new60 |
|---|
| 68 | | - | trial, and had the indictment or accusation dismissed or nolle prossed;61 |
|---|
| 69 | | - | (B) Had his or her judgment of conviction reversed or vacated, or was granted a new62 |
|---|
| 70 | | - | trial and, upon retrial, acquitted; or63 |
|---|
| 71 | | - | (C) Received a pardon based on innocence.64 |
|---|
| 72 | | - | (2) 'Panel' means the Wrongful Conviction Compensation Review Panel.65 |
|---|
| 73 | | - | (b) The board shall have the authority to consider claims of wrongful conviction and66 |
|---|
| 74 | | - | recommend compensation pursuant to this part to the Chief Justice of the Supreme Court67 |
|---|
| 75 | | - | of Georgia.68 |
|---|
| 76 | | - | (c)(1) For purposes of considering claims of wrongful conviction and making69 |
|---|
| 77 | | - | recommendations of compensation to the board pursuant to this part, there is created the70 |
|---|
| 78 | | - | Wrongful Conviction Compensation Review Panel, to be formed under the board.71 |
|---|
| 79 | | - | (2) The panel shall consist of five members, and each member shall serve for a term of72 |
|---|
| 80 | | - | three years; provided, however, that the two members first appointed under73 |
|---|
| 81 | | - | subparagraphs (A) and (B) of this paragraph shall be appointed for an initial term of one74 |
|---|
| 82 | | - | year and the two members first appointed under subparagraphs (C) and (D) of this75 |
|---|
| 83 | | - | paragraph shall be appointed for an initial term of two years; provided, however, that any76 |
|---|
| 84 | | - | member appointed to a partial initial term may serve two additional successive terms or77 |
|---|
| 85 | | - | until his or her successor has been appointed. Any member of the panel may serve two78 |
|---|
| 86 | | - | successive terms or until his or her successor has been appointed. The members of the79 |
|---|
| 87 | | - | panel shall be:80 |
|---|
| 88 | | - | (A) A judge, retired judge, or retired justice who presides over felony criminal matters81 |
|---|
| 89 | | - | in any state court of record, appointed by the Chief Justice of the Supreme Court of82 |
|---|
| 90 | | - | Georgia;83 |
|---|
| 91 | | - | (B) A current district attorney appointed by the Governor;84 |
|---|
| 92 | | - | (C) A criminal defense attorney appointed by the Governor;85 |
|---|
| 93 | | - | - 4 - LC 56 0208S |
|---|
| 94 | | - | (D) An attorney, forensic science expert, or law professor, with expertise in wrongful86 |
|---|
| 95 | | - | convictions, appointed by the Speaker of the House of Representatives; and87 |
|---|
| 96 | | - | (E) An attorney, forensic science expert, or law professor, with expertise in wrongful88 |
|---|
| 97 | | - | convictions, appointed by the President of the Senate.89 |
|---|
| 98 | | - | (3) The members of the panel shall designate one of the members as the panel's90 |
|---|
| 99 | | - | chairperson.91 |
|---|
| 100 | | - | (4) The panel shall have the authority to promulgate rules and regulations to govern its92 |
|---|
| 101 | | - | consideration of claims brought before the panel and the recommendations by the panel93 |
|---|
| 102 | | - | to the board.94 |
|---|
| 103 | | - | 28-5-112.95 |
|---|
| 104 | | - | (a) In order to be eligible for compensation under this part, a claimant shall establish by96 |
|---|
| 105 | | - | a preponderance of evidence to the panel that:97 |
|---|
| 106 | | - | (1) The claimant was convicted of one or more felonies and subsequently incarcerated;98 |
|---|
| 107 | | - | (2) The claimant proclaims his or her innocence;99 |
|---|
| 108 | | - | (3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in100 |
|---|
| 109 | | - | conduct intended to bring about the conviction. A confession later found to be false, an101 |
|---|
| 110 | | - | admission of guilt later found to be false, or a guilty plea shall not constitute committing102 |
|---|
| 111 | | - | or suborning perjury, fabricating evidence, or engaging in conduct intended to bring103 |
|---|
| 112 | | - | about the conviction under this part; and104 |
|---|
| 113 | | - | (4) The claimant was exonerated of the crime for which the claim for compensation for105 |
|---|
| 114 | | - | wrongful conviction and incarceration is being made.106 |
|---|
| 115 | | - | (b) In order to receive compensation under this part, the claimant shall establish by a107 |
|---|
| 116 | | - | preponderance of evidence to the panel that:108 |
|---|
| 117 | | - | (1) The claimant received a pardon based on innocence for the conviction;109 |
|---|
| 118 | | - | (2) The claimant was exonerated based on grounds of innocence; or110 |
|---|
| 119 | | - | - 5 - LC 56 0208S |
|---|
| 120 | | - | (3) The claimant did not commit the crime for which the claimant was convicted and did111 |
|---|
| 121 | | - | not commit any lesser included offenses.112 |
|---|
| 122 | | - | (c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,113 |
|---|
| 123 | | - | give due consideration to difficulties of proof caused by the passage of time, the death or114 |
|---|
| 124 | | - | unavailability of witnesses, the destruction of evidence, and other factors not caused by the115 |
|---|
| 125 | | - | claimant or those acting on his or her behalf.116 |
|---|
| 126 | | - | (d) The panel is authorized to determine:117 |
|---|
| 127 | | - | (1) Whether a claimant qualified for compensation under this part; and118 |
|---|
| 128 | | - | (2) The recommended amount of compensation, if any, with any such amount to be119 |
|---|
| 129 | | - | included in the board's transmittal provided for in subsection (b) of Code120 |
|---|
| 130 | | - | Section 28-5-115.121 |
|---|
| 131 | | - | 28-5-113.122 |
|---|
| 132 | | - | (a) No claim for payment of compensation under this part shall be considered by the panel123 |
|---|
| 133 | | - | unless a notice of claim has been filed with the board within three years after the date the124 |
|---|
| 134 | | - | claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of125 |
|---|
| 135 | | - | Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.126 |
|---|
| 136 | | - | (b) The panel shall provide forms to be used in filing a notice of claim and shall make127 |
|---|
| 137 | | - | them available for such purpose. The forms shall specify what evidence the panel will128 |
|---|
| 138 | | - | require in order to process a claim pursuant to subsections (a) and (b) of Code129 |
|---|
| 139 | | - | Section 28-5-112. Such information shall include documentation supporting a claimant's130 |
|---|
| 140 | | - | eligibility for compensation and showing of innocence. If a claim does not contain all131 |
|---|
| 141 | | - | information requested in the form, the panel shall contact the claimant to request this132 |
|---|
| 142 | | - | information, in writing, within 30 days of discovering the information is missing, and133 |
|---|
| 143 | | - | provide the claimant 60 days to supplement his or her claim.134 |
|---|
| 144 | | - | (c) Once the panel is in receipt of all information requested under subsection (b) of this135 |
|---|
| 145 | | - | Code section, and if the panel determines the claimant is eligible under subsection (a) of136 |
|---|
| 146 | | - | - 6 - LC 56 0208S |
|---|
| 147 | | - | Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days137 |
|---|
| 148 | | - | of receiving the notice of claim and requested information:138 |
|---|
| 149 | | - | (1) Conduct a hearing if it determines a hearing is necessary to make a recommendation139 |
|---|
| 150 | | - | under this part; or140 |
|---|
| 151 | | - | (2) Make a provisional judgment on the eligibility of the claimant and the recommended141 |
|---|
| 152 | | - | award and provide its provisional judgment to the claimant. Upon receiving notice of the142 |
|---|
| 153 | | - | panel's provisional judgment, the claimant shall have 14 days to request a hearing before143 |
|---|
| 154 | | - | the panel if the claimant wishes for further review of his or her claim. If the claimant144 |
|---|
| 155 | | - | requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.145 |
|---|
| 156 | | - | (d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in146 |
|---|
| 157 | | - | which the conviction occurred, and the Attorney General shall be notified of the date, time,147 |
|---|
| 158 | | - | and place of the hearing and shall be entitled to present evidence at such hearing.148 |
|---|
| 159 | | - | (e) Proceedings before the panel shall be governed by rules established by the panel. A149 |
|---|
| 160 | | - | claimant may be represented by an attorney as he or she shall choose.150 |
|---|
| 161 | | - | 28-5-114.151 |
|---|
| 162 | | - | (a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code152 |
|---|
| 163 | | - | Section 28-5-112, the panel shall recommend to the board that the claimant be awarded153 |
|---|
| 164 | | - | compensation for wrongful conviction and incarceration.154 |
|---|
| 165 | | - | (b) In recommending compensation pursuant to subsection (a) of this Code section, the155 |
|---|
| 166 | | - | panel:156 |
|---|
| 167 | | - | (1) May include $120,000.00 per year, but shall include no less than $60,000.00 per year,157 |
|---|
| 168 | | - | for each year of wrongful incarceration, provided that a prorated amount shall be158 |
|---|
| 169 | | - | allocated to any partial year served; and159 |
|---|
| 170 | | - | (2) May include the claimant's incurred reasonable attorney's fees and other expenses in160 |
|---|
| 171 | | - | connection with all associated criminal and habeas corpus proceedings, obtaining the161 |
|---|
| 172 | | - | - 7 - LC 56 0208S |
|---|
| 173 | | - | claimant's discharge from confinement, and filing of a claim for compensation under this162 |
|---|
| 174 | | - | part.163 |
|---|
| 175 | | - | (c) In calculating time of incarceration, the panel shall only include time for the charge for164 |
|---|
| 176 | | - | which the claimant is making a claim under this part consistent with the requirements of165 |
|---|
| 177 | | - | Code Section 17-10-11; provided, however, that a claimant shall not be entitled to166 |
|---|
| 178 | | - | compensation under this part for any portion of a sentence spent incarcerated during which167 |
|---|
| 179 | | - | the claimant was also serving a concurrent sentence of incarceration for another crime to168 |
|---|
| 180 | | - | which this part does not apply.169 |
|---|
| 181 | | - | (d)(1) Any payment of compensation may be made to or for the benefit of the claimant;170 |
|---|
| 182 | | - | or in the case of the death of the claimant, to or for the benefit of one or more of the heirs171 |
|---|
| 183 | | - | at law of the claimant, or, if the claimant chooses, up to one other person who is not an172 |
|---|
| 184 | | - | heir at law as designated by the claimant.173 |
|---|
| 185 | | - | (2) Payment of compensation shall be made in the form of cash.174 |
|---|
| 186 | | - | (e) In recommending compensation pursuant to subsection (a) of this Code section, the175 |
|---|
| 187 | | - | panel shall strive for consistency between claimants.176 |
|---|
| 188 | | - | (f) The dollar amounts specified in this Code section shall be adjusted annually by an177 |
|---|
| 189 | | - | amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)178 |
|---|
| 190 | | - | by the annual percentage change in the consumer price index, or its successor or179 |
|---|
| 191 | | - | appropriate replacement index, if any, published by the United States Department of Labor180 |
|---|
| 192 | | - | for the preceding calendar year, commencing on July 1, 2023.181 |
|---|
| 193 | | - | 28-5-115.182 |
|---|
| 194 | | - | (a) Within six months, or within a year if a hearing was held, of receiving the claimant's183 |
|---|
| 195 | | - | notice of claim and all information requested under subsection (b) of Code184 |
|---|
| 196 | | - | Section 28-5-113, the panel shall prepare a written recommendation to the board including:185 |
|---|
| 197 | | - | (1) A statement of its findings as to whether the claimant has met the requirements of186 |
|---|
| 198 | | - | subsections (a) and (b) of Code Section 28-5-112;187 |
|---|
| 199 | | - | - 8 - LC 56 0208S |
|---|
| 200 | | - | (2) A statement explaining the panel's calculation of compensable time; and188 |
|---|
| 201 | | - | (3) A statement detailing the amount and forms of compensation.189 |
|---|
| 202 | | - | (b) The board shall adopt the recommendation of the panel as its own and upon adopting190 |
|---|
| 203 | | - | the recommendation of the panel shall transmit the recommendation and the statement of191 |
|---|
| 204 | | - | the panel to the Chief Justice of the Supreme Court of Georgia within seven days of192 |
|---|
| 205 | | - | receiving it from the panel.193 |
|---|
| 206 | | - | (c) If the Chief Justice of the Supreme Court of Georgia receives the recommendation of194 |
|---|
| 207 | | - | the board on or before September 1, he or she shall include the compensation195 |
|---|
| 208 | | - | recommended by the board under this part in the amended budget for the Judicial Council196 |
|---|
| 209 | | - | of Georgia for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia197 |
|---|
| 210 | | - | receives the recommendation of the board after September 1, he or she shall include the198 |
|---|
| 211 | | - | compensation recommended by the board under this part in the budget for the Judicial199 |
|---|
| 212 | | - | Council of Georgia for the next fiscal year.200 |
|---|
| 213 | | - | (d) Any award of compensation made pursuant to this part shall not be:201 |
|---|
| 214 | | - | (1) Subject to any monetary limitation of damages awarded in civil actions;202 |
|---|
| 215 | | - | (2) Subject to any state income taxes; provided, however, that the award of attorney's203 |
|---|
| 216 | | - | fees shall be subject to taxation; or204 |
|---|
| 217 | | - | (3) Offset by any expense incurred by this state or any political subdivision thereof205 |
|---|
| 218 | | - | related to the claimant's incarceration.206 |
|---|
| 219 | | - | (e) The General Assembly waives sovereign immunity of this state for the purpose of207 |
|---|
| 220 | | - | authorizing payment of claims against this state pursuant to the authority of this part.208 |
|---|
| 221 | | - | (f) No award of compensation pursuant to this part shall be disbursed to a claimant who209 |
|---|
| 222 | | - | had his or her judgment of conviction reversed or vacated, or was granted a new trial, and210 |
|---|
| 223 | | - | had the indictment or accusation dismissed or nolle prossed until the time period set forth211 |
|---|
| 224 | | - | in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further212 |
|---|
| 225 | | - | prosecution.213 |
|---|
| 226 | | - | - 9 - LC 56 0208S |
|---|
| 227 | | - | 28-5-116.214 |
|---|
| 228 | | - | (a) If, at the time a claim is made under this part to the panel, the claimant has won a215 |
|---|
| 229 | | - | monetary award against the state or any political subdivision thereof in the final judgment216 |
|---|
| 230 | | - | of a civil action related to the wrongful conviction or has entered into a settlement217 |
|---|
| 231 | | - | agreement with the state or any political subdivision thereof related to the wrongful218 |
|---|
| 232 | | - | conviction, the amount of the award in the action or the amount received in the settlement219 |
|---|
| 233 | | - | agreement, less any sums paid to attorneys for costs in litigating other civil action or220 |
|---|
| 234 | | - | obtaining the settlement agreement, shall be deducted from the sum of money to which the221 |
|---|
| 235 | | - | panel shall usually recommend under this part.222 |
|---|
| 236 | | - | (b) If, after the time a claim is made under this part to the panel, the claimant wins a223 |
|---|
| 237 | | - | monetary award against the state or any political subdivision thereof in the final judgment224 |
|---|
| 238 | | - | of a civil action related to the wrongful conviction, the court shall deduct from such225 |
|---|
| 239 | | - | monetary award an amount equal to the sum of money awarded under this part as226 |
|---|
| 240 | | - | compensation for wrongful conviction, less any sums paid to attorneys or for costs in227 |
|---|
| 241 | | - | litigating other civil action or obtaining the settlement agreement."228 |
|---|
| 242 | | - | PART III229 |
|---|
| 243 | | - | SECTION 3-1.230 |
|---|
| 244 | | - | Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is231 |
|---|
| 245 | | - | amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:232 |
|---|
| 246 | | - | "ARTICLE 3B233 |
|---|
| 247 | | - | 28-5-57.234 |
|---|
| 248 | | - | As used in this article, the term 'small business' means a business that is independently235 |
|---|
| 249 | | - | owned and operated, is not dominant in its field, and employs 300 or fewer employees.236 |
|---|
| 250 | | - | - 10 - LC 56 0208S |
|---|
| 251 | | - | 28-5-58.237 |
|---|
| 252 | | - | (a) Prior to the convening of a session of the General Assembly, the Governor, the238 |
|---|
| 253 | | - | President of the Senate, or any member of the General Assembly may request that the239 |
|---|
| 254 | | - | Office of Planning and Budget and the Department of Audits and Accounts prepare a small240 |
|---|
| 255 | | - | business impact analysis of any bill. Following the convening of a session of the General241 |
|---|
| 256 | | - | Assembly, a small business impact analysis for a bill may only be requested by the242 |
|---|
| 257 | | - | Governor, the President of the Senate, the Speaker of the House of Representatives, or the243 |
|---|
| 258 | | - | chairperson of a committee to which such bill has been assigned. A small business impact244 |
|---|
| 259 | | - | analysis shall estimate the economic costs and benefits that such bill may have on small245 |
|---|
| 260 | | - | businesses in the state and shall include, if any, the estimated impacts on:246 |
|---|
| 261 | | - | (1) The costs of providing goods and services;247 |
|---|
| 262 | | - | (2) The availability and cost of workers;248 |
|---|
| 263 | | - | (3) Industry competition or consumer choice; and249 |
|---|
| 264 | | - | (4) Potential costs of compliance.250 |
|---|
| 265 | | - | (b) If unable to provide a complete written small business impact analysis, the Office of251 |
|---|
| 266 | | - | Planning and Budget and the Department of Audits and Accounts shall provide a written252 |
|---|
| 267 | | - | explanation of the impact in general terms and need not quantify the specific impact.253 |
|---|
| 268 | | - | (c) A small business impact analysis requested pursuant to subsection (a) of this Code254 |
|---|
| 269 | | - | section shall be prepared and submitted by the director of the Office of Planning and255 |
|---|
| 270 | | - | Budget and the state auditor within 30 days after receipt of the request or, if requested256 |
|---|
| 271 | | - | during a session of the General Assembly, within ten days after receipt of such request. A257 |
|---|
| 272 | | - | copy of the small business impact analysis shall be submitted to:258 |
|---|
| 273 | | - | (1) The Governor;259 |
|---|
| 274 | | - | (2) The President of the Senate;260 |
|---|
| 275 | | - | (3) The Speaker of the House of Representatives;261 |
|---|
| 276 | | - | - 11 - LC 56 0208S |
|---|
| 277 | | - | (4) The chairperson of the committee to which the bill that is the subject of the small262 |
|---|
| 278 | | - | business impact analysis is assigned in the house of the General Assembly in which the263 |
|---|
| 279 | | - | bill was introduced;264 |
|---|
| 280 | | - | (5) The sponsor of the bill that is the subject of the small business impact analysis;265 |
|---|
| 281 | | - | (6) The individual who requested the small business impact analysis, if such individual266 |
|---|
| 282 | | - | is not listed in paragraphs (1) through (5) of this subsection;267 |
|---|
| 283 | | - | (7) The Secretary of the Senate; and268 |
|---|
| 284 | | - | (8) The Clerk of the House of Representatives.269 |
|---|
| 285 | | - | (d)(1) If a bill that is the subject of a small business impact analysis prepared pursuant270 |
|---|
| 286 | | - | to subsection (a) of this Code section is amended or is proposed to be amended, the271 |
|---|
| 287 | | - | Office of Planning and Budget and Department of Audits and Accounts shall revise such272 |
|---|
| 288 | | - | small business impact analysis to account for the amended version of such bill upon the273 |
|---|
| 289 | | - | request of:274 |
|---|
| 290 | | - | (A) The Governor, the President of the Senate, or any member of the General275 |
|---|
| 291 | | - | Assembly, if such request is made prior to the convening of a session of the General276 |
|---|
| 292 | | - | Assembly; or277 |
|---|
| 293 | | - | (B) The Governor, the President of the Senate, the Speaker of the House of278 |
|---|
| 294 | | - | Representatives, or the chairperson of a committee to which such bill has been279 |
|---|
| 295 | | - | assigned, if such request is made after the convening of a session of the General280 |
|---|
| 296 | | - | Assembly.281 |
|---|
| 297 | | - | (2) A revised small business impact analysis requested pursuant to paragraph (1) of this282 |
|---|
| 298 | | - | subsection shall be prepared and submitted by the director of the Office of Planning and283 |
|---|
| 299 | | - | Budget and the state auditor in the same manner as the original small business impact284 |
|---|
| 300 | | - | analysis pursuant to subsection (c) of this Code section.285 |
|---|
| 301 | | - | (e)(1) The Office of Planning and Budget and the Department of Audits and Accounts286 |
|---|
| 302 | | - | may contract with a person or persons independent of state government to prepare any287 |
|---|
| 303 | | - | - 12 - LC 56 0208S |
|---|
| 304 | | - | small business impact analysis or revised small business impact analysis requested288 |
|---|
| 305 | | - | pursuant to this Code section.289 |
|---|
| 306 | | - | (2) When preparing a small business impact analysis or revised small business impact290 |
|---|
| 307 | | - | analysis requested pursuant to this Code section, the Office of Planning and Budget, the291 |
|---|
| 308 | | - | Department of Audits and Accounts, and any person or persons contracted with under292 |
|---|
| 309 | | - | paragraph (1) of this subsection may consult with other units of state government, units293 |
|---|
| 310 | | - | of local government, and business, industry, and community stakeholders impacted by294 |
|---|
| 311 | | - | or having an interest in the bill that is the subject of such small business impact analysis.295 |
|---|
| 312 | | - | (f) Any small business impact analysis or revised small business impact analysis prepared296 |
|---|
| 313 | | - | for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the297 |
|---|
| 314 | | - | Senate or the Clerk of the House of Representatives and shall be read to the members of298 |
|---|
| 315 | | - | each respective house of the General Assembly at the third reading of such bill. In299 |
|---|
| 316 | | - | addition, a copy of each small business impact analysis or revised small business impact300 |
|---|
| 317 | | - | analysis prepared for a bill pursuant to this Code section shall be distributed to each301 |
|---|
| 318 | | - | member of the respective house of the General Assembly before which such bill is pending302 |
|---|
| 319 | | - | prior to any such bill being voted upon by such house of the General Assembly.303 |
|---|
| 320 | | - | 28-5-59.304 |
|---|
| 321 | | - | Nothing in this article shall be construed to require any degree of formality of proof of305 |
|---|
| 322 | | - | compliance with any requirement of this article, and any enrolled bill shall be conclusively306 |
|---|
| 323 | | - | presumed to have been enacted in compliance with the requirements of this article."307 |
|---|
| 324 | | - | SECTION 3-2.308 |
|---|
| 325 | | - | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended309 |
|---|
| 326 | | - | in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or310 |
|---|
| 327 | | - | repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,311 |
|---|
| 328 | | - | by revising subsection (a) as follows:312 |
|---|
| 329 | | - | - 13 - LC 56 0208S |
|---|
| 330 | | - | "(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules313 |
|---|
| 331 | | - | or general statements of policy, the agency shall:314 |
|---|
| 332 | | - | (1) Give at least 30 days' notice of its intended action. The notice shall include an exact315 |
|---|
| 333 | | - | copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be316 |
|---|
| 334 | | - | distributed with and in the same manner as the proposed rule. The synopsis shall contain317 |
|---|
| 335 | | - | a statement of the purpose and the main features of the proposed rule, and, in the case of318 |
|---|
| 336 | | - | a proposed amendatory rule, the synopsis also shall indicate the differences between the319 |
|---|
| 337 | | - | existing rule and the proposed rule. The notice shall also include the exact date on which320 |
|---|
| 338 | | - | the agency shall consider the adoption of the rule and shall include the time and place in321 |
|---|
| 339 | | - | order that interested persons may present their views thereon. The notice shall also322 |
|---|
| 340 | | - | contain a citation of the authority pursuant to which the rule is proposed for adoption and,323 |
|---|
| 341 | | - | if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly324 |
|---|
| 342 | | - | identified. The notice shall be mailed to all persons who have requested in writing that325 |
|---|
| 343 | | - | they be placed upon a mailing list which shall be maintained by the agency for advance326 |
|---|
| 344 | | - | notice of its rule-making proceedings and who have tendered the actual cost of such327 |
|---|
| 345 | | - | mailing as from time to time estimated by the agency;328 |
|---|
| 346 | | - | (2) Afford to all interested persons reasonable opportunity to submit data, views, or329 |
|---|
| 347 | | - | arguments, orally or in writing. In the case of substantive rules, opportunity for oral330 |
|---|
| 348 | | - | hearing must be granted if requested by 25 persons who will be directly affected by the331 |
|---|
| 349 | | - | proposed rule, by a governmental subdivision, or by an association having not less332 |
|---|
| 350 | | - | than 25 members. The agency shall consider fully all written and oral submissions333 |
|---|
| 351 | | - | respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so334 |
|---|
| 352 | | - | by an interested person either prior to adoption or within 30 days thereafter, shall issue335 |
|---|
| 353 | | - | a concise statement of the principal reasons for and against its adoption and incorporate336 |
|---|
| 354 | | - | therein its reason for overruling the consideration urged against its adoption;337 |
|---|
| 355 | | - | (3) In the formulation and adoption of any rule which will have an economic impact on338 |
|---|
| 356 | | - | businesses in the state, reduce the economic impact of the rule on small businesses which339 |
|---|
| 357 | | - | - 14 - LC 56 0208S |
|---|
| 358 | | - | are independently owned and operated, are not dominant in their field, and340 |
|---|
| 359 | | - | employ 100 300 employees or less fewer by implementing one or more of the following341 |
|---|
| 360 | | - | actions when it is legal and feasible in meeting the stated objectives of the statutes which342 |
|---|
| 361 | | - | are the basis of the proposed rule:343 |
|---|
| 362 | | - | (A) Establish differing reduced compliance or reporting requirements or and differing344 |
|---|
| 363 | | - | timetables for small businesses;345 |
|---|
| 364 | | - | (B) Clarify, consolidate, or simplify the compliance and reporting requirements under346 |
|---|
| 365 | | - | the rule for small businesses;347 |
|---|
| 366 | | - | (C) Establish performance rather than design standards for small businesses; or348 |
|---|
| 367 | | - | (D) Exempt small businesses from any or all requirements of the rules;349 |
|---|
| 368 | | - | (4) In the formulation and adoption of any rule which places administrative burdens on350 |
|---|
| 369 | | - | charitable organizations in this state, including, but not limited to, any rule that would351 |
|---|
| 370 | | - | require any new or expanded filing or reporting requirements or that would limit the352 |
|---|
| 371 | | - | ability of charitable organizations to solicit or collect funds, the agency or official shall:353 |
|---|
| 372 | | - | (A) Absent the showing of a compelling state interest, not impose any annual filing or354 |
|---|
| 373 | | - | reporting requirements on an organization regulated or specifically exempted from355 |
|---|
| 374 | | - | regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of356 |
|---|
| 375 | | - | 1988,' that are more burdensome than the requirements authorized by applicable law,357 |
|---|
| 376 | | - | and any such filing or reporting requirements shall be narrowly tailored to achieve such358 |
|---|
| 377 | | - | compelling state interest. The requirements of this subparagraph shall not apply to the359 |
|---|
| 378 | | - | state's direct spending programs; and360 |
|---|
| 379 | | - | (B) Email the notice provided for in paragraph (1) of this subsection to each361 |
|---|
| 380 | | - | chairperson of any standing committee in each house as shown on the General362 |
|---|
| 381 | | - | Assembly's public website.363 |
|---|
| 382 | | - | For purposes of this paragraph, the term 'charitable organization' means a nonprofit364 |
|---|
| 383 | | - | charitable organization which is exempt from taxation under the provisions of365 |
|---|
| 384 | | - | Section 501(c)(3) of the United States Internal Revenue Code; and366 |
|---|
| 385 | | - | - 15 - LC 56 0208S |
|---|
| 386 | | - | (5) In the formulation and adoption of any rule, an agency shall choose an alternative367 |
|---|
| 387 | | - | that does not impose excessive regulatory costs on any regulated person or entity which368 |
|---|
| 388 | | - | costs could be reduced by a less expensive alternative that fully accomplishes the stated369 |
|---|
| 389 | | - | objectives of the statutes which are the basis of the proposed rule."370 |
|---|
| 390 | | - | PART IV371 |
|---|
| 391 | | - | SECTION 4-1.372 |
|---|
| 392 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law373 |
|---|
| 393 | | - | without such approval.374 |
|---|
| 394 | | - | SECTION 4-2.375 |
|---|
| 395 | | - | All laws and parts of laws in conflict with this Act are repealed.376 |
|---|
| 396 | | - | - 16 - |
|---|
| 11 | + | provide for the revision of small business impact analyses; to provide for legislative6 |
|---|
| 12 | + | construction; to conform terminology; to provide for related matters; to provide a short title;7 |
|---|
| 13 | + | to provide an effective date; to repeal conflicting laws; and for other purposes.8 |
|---|
| 14 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 15 | + | PART I10 |
|---|
| 16 | + | SECTION 1-1.11 |
|---|
| 17 | + | This Act shall be known and may be cited as the "Small Business Protection Act of 2024."12 |
|---|
| 18 | + | S. B. 429 (SUB) |
|---|
| 19 | + | - 1 - 24 LC 50 0919S |
|---|
| 20 | + | PART II13 |
|---|
| 21 | + | SECTION 2-1.14 |
|---|
| 22 | + | Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is15 |
|---|
| 23 | + | amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:16 |
|---|
| 24 | + | "ARTICLE 3B17 |
|---|
| 25 | + | 28-5-57.18 |
|---|
| 26 | + | As used in this article, the term 'small business' means a business that is independently19 |
|---|
| 27 | + | owned and operated, is not dominant in its field, and employs 300 or fewer employees.20 |
|---|
| 28 | + | 28-5-58.21 |
|---|
| 29 | + | (a) Prior to the convening of a session of the General Assembly, the Governor, the22 |
|---|
| 30 | + | President of the Senate, or any member of the General Assembly may request that the23 |
|---|
| 31 | + | Office of Planning and Budget and the Department of Audits and Accounts prepare a small24 |
|---|
| 32 | + | business impact analysis of any bill. Following the convening of a session of the General25 |
|---|
| 33 | + | Assembly, a small business impact analysis for a bill may only be requested by the26 |
|---|
| 34 | + | Governor, the President of the Senate, the Speaker of the House of Representatives, or the27 |
|---|
| 35 | + | chairperson of a committee to which such bill has been assigned. A small business impact28 |
|---|
| 36 | + | analysis shall estimate the economic costs and benefits that such bill may have on small29 |
|---|
| 37 | + | businesses in the state and shall include, if any, the estimated impacts on:30 |
|---|
| 38 | + | (1) The costs of providing goods and services;31 |
|---|
| 39 | + | (2) The availability and cost of workers;32 |
|---|
| 40 | + | (3) Industry competition or consumer choice; and33 |
|---|
| 41 | + | (4) Potential costs of compliance.34 |
|---|
| 42 | + | S. B. 429 (SUB) |
|---|
| 43 | + | - 2 - 24 LC 50 0919S |
|---|
| 44 | + | (b) If unable to provide a complete written small business impact analysis, the Office of35 |
|---|
| 45 | + | Planning and Budget and the Department of Audits and Accounts shall provide a written36 |
|---|
| 46 | + | explanation of the impact in general terms and need not quantify the specific impact.37 |
|---|
| 47 | + | (c) A small business impact analysis requested pursuant to subsection (a) of this Code38 |
|---|
| 48 | + | section shall be prepared and submitted by the director of the Office of Planning and39 |
|---|
| 49 | + | Budget and the state auditor within 30 days after receipt of the request or, if requested40 |
|---|
| 50 | + | during a session of the General Assembly, within ten days after receipt of such request. A41 |
|---|
| 51 | + | copy of the small business impact analysis shall be submitted to:42 |
|---|
| 52 | + | (1) The Governor;43 |
|---|
| 53 | + | (2) The President of the Senate;44 |
|---|
| 54 | + | (3) The Speaker of the House of Representatives;45 |
|---|
| 55 | + | (4) The chairperson of the committee to which the bill that is the subject of the small46 |
|---|
| 56 | + | business impact analysis is assigned in the house of the General Assembly in which the47 |
|---|
| 57 | + | bill was introduced;48 |
|---|
| 58 | + | (5) The sponsor of the bill that is the subject of the small business impact analysis;49 |
|---|
| 59 | + | (6) The individual who requested the small business impact analysis, if such individual50 |
|---|
| 60 | + | is not listed in paragraphs (1) through (5) of this subsection;51 |
|---|
| 61 | + | (7) The Secretary of the Senate; and52 |
|---|
| 62 | + | (8) The Clerk of the House of Representatives.53 |
|---|
| 63 | + | (d)(1) If a bill that is the subject of a small business impact analysis prepared pursuant54 |
|---|
| 64 | + | to subsection (a) of this Code section is amended or is proposed to be amended, the55 |
|---|
| 65 | + | Office of Planning and Budget and Department of Audits and Accounts shall revise such56 |
|---|
| 66 | + | small business impact analysis to account for the amended version of such bill upon the57 |
|---|
| 67 | + | request of:58 |
|---|
| 68 | + | (A) The Governor, the President of the Senate, or any member of the General59 |
|---|
| 69 | + | Assembly, if such request is made prior to the convening of a session of the General60 |
|---|
| 70 | + | Assembly; or61 |
|---|
| 71 | + | S. B. 429 (SUB) |
|---|
| 72 | + | - 3 - 24 LC 50 0919S |
|---|
| 73 | + | (B) The Governor, the President of the Senate, the Speaker of the House of62 |
|---|
| 74 | + | Representatives, or the chairperson of a committee to which such bill has been63 |
|---|
| 75 | + | assigned, if such request is made after the convening of a session of the General64 |
|---|
| 76 | + | Assembly.65 |
|---|
| 77 | + | (2) A revised small business impact analysis requested pursuant to paragraph (1) of this66 |
|---|
| 78 | + | subsection shall be prepared and submitted by the director of the Office of Planning and67 |
|---|
| 79 | + | Budget and the state auditor in the same manner as the original small business impact68 |
|---|
| 80 | + | analysis pursuant to subsection (c) of this Code section.69 |
|---|
| 81 | + | (e)(1) The Office of Planning and Budget and the Department of Audits and Accounts70 |
|---|
| 82 | + | may contract with a person or persons independent of state government to prepare any71 |
|---|
| 83 | + | small business impact analysis or revised small business impact analysis requested72 |
|---|
| 84 | + | pursuant to this Code section.73 |
|---|
| 85 | + | (2) When preparing a small business impact analysis or revised small business impact74 |
|---|
| 86 | + | analysis requested pursuant to this Code section, the Office of Planning and Budget, the75 |
|---|
| 87 | + | Department of Audits and Accounts, and any person or persons contracted with under76 |
|---|
| 88 | + | paragraph (1) of this subsection may consult with other units of state government, units77 |
|---|
| 89 | + | of local government, and business, industry, and community stakeholders impacted by78 |
|---|
| 90 | + | or having an interest in the bill that is the subject of such small business impact analysis.79 |
|---|
| 91 | + | (f) Any small business impact analysis or revised small business impact analysis prepared80 |
|---|
| 92 | + | for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the81 |
|---|
| 93 | + | Senate or the Clerk of the House of Representatives and shall be read to the members of82 |
|---|
| 94 | + | each respective house of the General Assembly at the third reading of such bill. In83 |
|---|
| 95 | + | addition, a copy of each small business impact analysis or revised small business impact84 |
|---|
| 96 | + | analysis prepared for a bill pursuant to this Code section shall be distributed to each85 |
|---|
| 97 | + | member of the respective house of the General Assembly before which such bill is pending86 |
|---|
| 98 | + | prior to any such bill being voted upon by such house of the General Assembly.87 |
|---|
| 99 | + | S. B. 429 (SUB) |
|---|
| 100 | + | - 4 - 24 LC 50 0919S |
|---|
| 101 | + | 28-5-59.88 |
|---|
| 102 | + | Nothing in this article shall be construed to require any degree of formality of proof of89 |
|---|
| 103 | + | compliance with any requirement of this article, and any enrolled bill shall be conclusively90 |
|---|
| 104 | + | presumed to have been enacted in compliance with the requirements of this article."91 |
|---|
| 105 | + | SECTION 2-2.92 |
|---|
| 106 | + | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended93 |
|---|
| 107 | + | in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or94 |
|---|
| 108 | + | repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,95 |
|---|
| 109 | + | by revising subsection (a) as follows:96 |
|---|
| 110 | + | "(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules97 |
|---|
| 111 | + | or general statements of policy, the agency shall:98 |
|---|
| 112 | + | (1) Give at least 30 days' notice of its intended action.99 |
|---|
| 113 | + | The notice shall include an exact copy of the proposed rule and a synopsis of the100 |
|---|
| 114 | + | proposed rule. The synopsis shall be distributed with and in the same manner as the101 |
|---|
| 115 | + | proposed rule. The synopsis shall contain a statement of the purpose and the main102 |
|---|
| 116 | + | features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis103 |
|---|
| 117 | + | also shall indicate the differences between the existing rule and the proposed rule. The104 |
|---|
| 118 | + | notice shall also include the exact date on which the agency shall consider the adoption105 |
|---|
| 119 | + | of the rule and shall include the time and place in order that interested persons may106 |
|---|
| 120 | + | present their views thereon. The notice shall also contain a citation of the authority107 |
|---|
| 121 | + | pursuant to which the rule is proposed for adoption and, if the proposal is an amendment108 |
|---|
| 122 | + | or repeal of an existing rule, the rule shall be clearly identified. The notice shall be109 |
|---|
| 123 | + | mailed to all persons who have requested in writing that they be placed upon a mailing110 |
|---|
| 124 | + | list which shall be maintained by the agency for advance notice of its rule-making111 |
|---|
| 125 | + | proceedings and who have tendered the actual cost of such mailing as from time to time112 |
|---|
| 126 | + | estimated by the agency;113 |
|---|
| 127 | + | S. B. 429 (SUB) |
|---|
| 128 | + | - 5 - 24 LC 50 0919S |
|---|
| 129 | + | (2) Afford to all interested persons reasonable opportunity to submit data, views, or114 |
|---|
| 130 | + | arguments, orally or in writing. In the case of substantive rules, opportunity for oral115 |
|---|
| 131 | + | hearing must be granted if requested by 25 persons who will be directly affected by the116 |
|---|
| 132 | + | proposed rule, by a governmental subdivision, or by an association having not less117 |
|---|
| 133 | + | than 25 members. The agency shall consider fully all written and oral submissions118 |
|---|
| 134 | + | respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so119 |
|---|
| 135 | + | by an interested person either prior to adoption or within 30 days thereafter, shall issue120 |
|---|
| 136 | + | a concise statement of the principal reasons for and against its adoption and incorporate121 |
|---|
| 137 | + | therein its reason for overruling the consideration urged against its adoption;122 |
|---|
| 138 | + | (3) In the formulation and adoption of any rule which will have an economic impact on123 |
|---|
| 139 | + | businesses in the state, reduce the economic impact of the rule on small businesses which124 |
|---|
| 140 | + | are independently owned and operated, are not dominant in their field, and125 |
|---|
| 141 | + | employ 100 300 employees or less fewer by implementing one or more of the following126 |
|---|
| 142 | + | actions when it is legal and feasible in meeting the stated objectives of the statutes which127 |
|---|
| 143 | + | are the basis of the proposed rule:128 |
|---|
| 144 | + | (A) Establish differing reduced compliance or reporting requirements or and differing129 |
|---|
| 145 | + | timetables for small businesses;130 |
|---|
| 146 | + | (B) Clarify, consolidate, or simplify the compliance and reporting requirements under131 |
|---|
| 147 | + | the rule for small businesses;132 |
|---|
| 148 | + | (C) Establish performance rather than design standards for small businesses; or133 |
|---|
| 149 | + | (D) Exempt small businesses from any or all requirements of the rules;134 |
|---|
| 150 | + | (4) In the formulation and adoption of any rule which places administrative burdens on135 |
|---|
| 151 | + | charitable organizations in this state, including, but not limited to, any rule that would136 |
|---|
| 152 | + | require any new or expanded filing or reporting requirements or that would limit the137 |
|---|
| 153 | + | ability of charitable organizations to solicit or collect funds, the agency or official shall:138 |
|---|
| 154 | + | (A) Absent the showing of a compelling state interest, not impose any annual filing or139 |
|---|
| 155 | + | reporting requirements on an organization regulated or specifically exempted from140 |
|---|
| 156 | + | S. B. 429 (SUB) |
|---|
| 157 | + | - 6 - 24 LC 50 0919S |
|---|
| 158 | + | regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of141 |
|---|
| 159 | + | 1988,' that are more burdensome than the requirements authorized by applicable law,142 |
|---|
| 160 | + | and any such filing or reporting requirements shall be narrowly tailored to achieve such143 |
|---|
| 161 | + | compelling state interest. The requirements of this subparagraph shall not apply to the144 |
|---|
| 162 | + | state's direct spending programs; and145 |
|---|
| 163 | + | (B) Email the notice provided for in paragraph (1) of this subsection to each146 |
|---|
| 164 | + | chairperson of any standing committee in each house as shown on the General147 |
|---|
| 165 | + | Assembly's public website.148 |
|---|
| 166 | + | For purposes of this paragraph, the term 'charitable organization' means a nonprofit149 |
|---|
| 167 | + | charitable organization which is exempt from taxation under the provisions of150 |
|---|
| 168 | + | Section 501(c)(3) of the United States Internal Revenue Code; and151 |
|---|
| 169 | + | (5) In the formulation and adoption of any rule, an agency shall choose an alternative152 |
|---|
| 170 | + | that does not impose excessive regulatory costs on any regulated person or entity which153 |
|---|
| 171 | + | costs could be reduced by a less expensive alternative that fully accomplishes the stated154 |
|---|
| 172 | + | objectives of the statutes which are the basis of the proposed rule."155 |
|---|
| 173 | + | PART III156 |
|---|
| 174 | + | SECTION 3-1.157 |
|---|
| 175 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law158 |
|---|
| 176 | + | without such approval.159 |
|---|
| 177 | + | SECTION 3-2.160 |
|---|
| 178 | + | All laws and parts of laws in conflict with this Act are repealed.161 |
|---|
| 179 | + | S. B. 429 (SUB) |
|---|
| 180 | + | - 7 - |
|---|