From the upper chamber 2007April 19

Thursday, April 19, 2007
The thirty-ninth day of the 2007 legislative session was called to order by Lieutenant Governor Casey Cagle.
Senator Don Balfour of the 9th stated that the journal had been read and was found to be correct.
The clerk of the Secretary then read the reports of standing committees and second readers.
Majority Leader Tommie Williams of the 19th moved to dispense with the roll call. There was no objection.
President Pro Tempore Eric Johnson of the 1st led the Senate in the Pledge of Allegiance. He then introduced the Chaplain of the Day, "Coach" Matthew Hill, a former Sergeant-at-Arms for the state Senate, who led the Senate in the daily devotional.
Sen. John Wiles of the 37th took the well on a Point of Personal Privilege to address the local bills passed this legislative session.
Senate Resolutions 659-662 were read and adopted.
The Secretary read SR 665-666, which commend both Vicki Lochbaum and Judy Hill for their service in the Georgia General Assembly and congratulate them on the occasion of their retirement. Sen. George Hooks of the 14th to the rostrum to thank both women for their years of hard work and service to the state of Georgia.
SR 663-664 and 667-670 were read and adopted.
Sen. David Shafer of the 48th moved to suspend the rules so that Senate Bill 334 could be read. SB 334 was read for the first time and assigned to committee.
From the Upper Chamber Thursday, April 19, 2007
Page 1 of 13

The Senate Local Consent Calendar, consisting of House Bills 480, 547, 753, 761-762, 764, 766, 796, 799, 804, 808-813, 827, 767-768 and 788, was adopted by a vote of 44 to 0.
The Consent Calendar for Commemorative Resolutions, consisting of House Resolutions 171, 201 and 524, was adopted by a vote of 40 to 0.
The Consent Calendar for Study Committees, consisting of SR 66, 280, 340, 385, 403, 426, 445, 471, 480, 482, 487, 517, 555, 593, 619, 637 and 653 and HR 322 and 351, was adopted by a vote of 42 to 0.
The Consent Calendar for Resolutions Expressing the Will of the Senate, consisting of SR 386, 483, 646 and 650, was adopted by a vote of 43 to 0.
The Secretary read SR 596, which recognizes Georgia volunteers of the U.S. Coast Guard Auxiliary for their service. Sen. Jack Murphy of the 27th took the rostrum to speak to the resolution and thank the volunteers for their efforts.
Sen. Joseph Carter of the 13th moved to insist on the Senate substitute to HB 330. There was no objection
Sen. Michael Meyer von Bremen of the 12th moved that the Senate insist on its substitute to HB 366 and that a Conference Committee be appointed. There was no objection. Senators Chip Rogers of the 21st, Ed Tarver of the 22nd and Johnny Grant of the 25th were appointed to the Conference Committee.
The Secretary read SR 446, which honors the life and achievements of U.S. Representative Charles Whitlow Norwood, Jr. Sen. Jim Whitehead, Sr. of the 24th took the well to speak to the resolution.
SR 446 was adopted by a vote of 47 to 0.
HB 118 was read, which provides for five Superior Court Judges in certain circuits. Sen. Wiles took the well to explain the bill.
HB 118 passed by a vote of 46 to 0.
The Secretary read HB 181, which requires a referendum to allow a county or city to issue revenue bonds for the purpose of building homeland security facilities and other projects.
Sen. Dan Weber of the 40th took the well to present the bill and address Amendments 2 and 3, the first of which makes a language clarification. Sen. Weber explained that Amendment 3 seeks to add provisions so that projects that are already underway do not require a referendum. He yielded to questions from Sens. David Adelman of the 42nd and Emanuel Jones of the 10th.
Sen. Don Thomas of the 54th took the rostrum to introduce the Doctor of the Day, Dr. Scott Malone of Warner Robbins.
From the Upper Chamber Thursday, April 19, 2007
Page 2 of 13

Sen. Tarver took the well to welcome a group of ROTC students from Augusta to the Senate.
Sen. Weber again took the well to express the support of the ACCG on HB 181. He yielded to questions from Sens. Curt Thompson of the 5th and Wiles.
Sen. Adelman took the well to address his concerns with the bill.
President Pro Tem Johnson took the gavel to preside.
Sen. Jones took the well to explain his opposition to the bill and speak to Amendment 1, which includes DeKalb County in the provisions of the bill. He yielded to questions from Sen. Wiles.
Sen. Weber took the well to urge support of Amendments 2 and 3.
Amendment 1 failed by a vote of 12 to 31.
Amendment 2 was adopted by a vote of 32 to 0.
Amendment 3 was adopted by a vote of 32 to 0.
The Committee Substitute was adopted as amended by a vote of 29 to 0.
HB 181 passed by substitute by a vote of 36 t0 8.
The Senate stood at ease for lunch, and returned at 1:30 p.m.
The Secretary read HB 314, which clarifies several provisions of the State Sexual Offender Registry Act, such as the information that must be provided by registered sex offenders and restrictions on employment or volunteering.
Sen. Whitehead took the well to explain the bill and Amendment 1, which adds language to the bill that allows for a DNA analysis of sex offenders. He yielded to questions from Sen. Regina Thomas of the 2nd.
Sen. Preston Smith of the 52nd took the well to speak to Amendment 2, which provides for gender neutrality within provisions relating to incest. He yielded to questions from Sens. Thomas of the 2nd and Ralph Hudgens of the 47th.
Sen. Jeff Mullis of the 53rd took the well to address Amendment 1 and urge its passage.
Sen. Bill Heath of the 31st took the well to urge support of Amendment 1.
Amendment 1 was adopted by a vote of 33 to 0.
From the Upper Chamber Thursday, April 19, 2007
Page 3 of 13

Amendment 2 was adopted by a vote of 33 to 0.
The Committee Substitute was adopted as amended by a vote of 34 to 0.
HB 314 passed by substitute by a vote of 48 to 0.
Majority Leader Williams moved to dispense with the reading of the Governor's appointments, and vote on all appointments at one time. There was no objection.
The Governor's appointments were confirmed by a vote of 45 to 0.
HB 318 was read, which gives authority to the Public Retirement Systems Investment Authority to increase allocation in international stock.
Sen. Murphy took the well to present the bill and stated that it allows for investments to be made in more international companies. He yielded to questions from Sens. Nan Orrock of the 36th, Heath, Balfour and Hudgens.
Sen. Judson Hill of the 32nd took the well to address Amendment 1, which prohibits investments being made in foreign publicly traded companies. He yielded to questions from Sens. Orrock, Vincent Fort of the 39th, John Douglas of the 17th and Balfour.
Sen. Hill of the 32nd moved to withdraw his amendment. There was no objection.
HB 318 passed by a vote of 46 to 1.
The Secretary read HB 463, which makes changes to provisions regarding soil erosion and sedimentation requirements.
Sen. John Bulloch of the 11th took the well to address the bill.
Sen. Mitch Seabaugh of the 28th took the well to present Amendment 1, which prohibits the issuance of permits for landfills that are in close proximity to a public drinking water system. He yielded to questions from Sens. Williams, Hudgens and Orrock.
The Secretary read Amendment 2, which would exempt minor land-disturbing activities such as home landscaping projects. Sen. Heath took the well to explain his Amendment.
Sen. Bulloch took the well to speak against Amendments 1 and 2.
Sen. Seabaugh moved for a yeas and nays vote on Amendment 1.
Amendment 1 failed by a vote of 16 to 34.
Amendment 2 was adopted by a vote of 20 to 15.
From the Upper Chamber Thursday, April 19, 2007
Page 4 of 13

The Committee Substitute was adopted as amended by a vote of 30 to 2.
HB 463 passed by substitute by a vote of 42 to 8.
The Secretary read HB 471, which prohibits a local government authority from requiring the transfer of ownership of a privately constructed water or sewage system that will not be connected to a publicly owned water or sewage system, except those within the Metropolitan North Georgia Water Planning District. Amendment 1 was also read.
Sen. Bulloch took the well to explain the bill.
Sen. Steve Thompson of the 33rd took the well to explain his Amendment 1, which states that no county or municipality may transfer or sell a water system if there is an expressed, written agreement not to do so.
Amendment 1 was lost by a vote of 12 to 24.
HB 471 passed by a vote of 46 to 2.
HB 586 was read. The legislation makes changes to Indigent Defense Services set forth by the Georgia Indigent Defense Act of 2003 with regard to attorney fees. Sen. Wiles took the well to present the bill. He yielded to questions from Sens. Thomas of the 2nd and Adelman.
The Committee Substitute was adopted by a vote of 30 to 0.
HB 586 passed by substitute by a vote of 43 to 7.
The Secretary read HB 626, which would require retiring physicians who provide uncompensated healthcare services to complete a maximum of 20 hours of continuing education annually. Amendment 1 was also read.
Sen. Hill of the 32nd took the well to explain the bill and his Amendments 1 and 2, which would make the new law apply to physicians who have an active license.
Amendment 1 was adopted by a vote of 29 to 0.
Amendment 2 was withdrawn.
HB 626 passed as amended by a vote of 48 to 0.
HB 648 was read. The legislation changes the definition of long-term care insurance, bringing state law into compliance with federal insurance law.
Sen. Chip Pearson of the 51st took the well to explain the bill. He yielded to questions from Sen. Meyer von Bremen.
From the Upper Chamber Thursday, April 19, 2007
Page 5 of 13

HB 648 passed by a vote of 46 to 1.
The Secretary read HB 286, which revises code provisions relating to controlled substances by adding Dimethylamphetamine to the list of controlled substances. Sen. Doug Stoner of the 6th took the well to present the bill.
HB 286 passed by a vote 50 to 0.
HB 321 was read. The bill changes current code specifying that real property seeking qualification must be by a single person rather than an owner. Sen. Pearson took the well to explain the bill.
HB 321 passed by a vote of 49 to 1.
The Secretary read HB 354, which makes several changes to tax codes relating to raffle licenses, homeowner tax relief grants, etc.
Sen. Heath took the well to explain the provisions of the bill.
Amendment 1 was also read, which adds language concerning the payment of property taxes owed in the appeal process. Sen. Smith took the well to explain his Amendment.
Amendment 1 was adopted by a vote of 35 to 0.
The Committee Substitute was adopted as amended by a vote of 35 to 0.
HB 354 passed by substitute by a vote of 49 to 0.
The Secretary read HB 380, which requires that tax bills and notices be mailed to any new owner that appears in the records. Sen. Rogers took the well to present the bill.
The Committee Substitute was adopted by a vote of 34 to 0.
HB 380 passed by substitute by a vote of 49 to 1.
HB 391 was read. The bill provides several changes to definitions for cemetery and funeral services. Sen. Hill of the 32nd took the well to explain the bill.
The Committee Substitute was adopted by a vote of 35 to 0.
HB 391 passed by substitute by a vote of 49 to 1.
Sen. Johnson took the gavel to preside.
From the Upper Chamber Thursday, April 19, 2007
Page 6 of 13

The Secretary read HB 419, which will increase penalties for driving without a license in Georgia, and change certain definitions related to commercial driver's licenses. Sen. Mullis took the well to present the bill.
Amendment 1 was read. Sen. Pearson took the well to explain the Amendment, which makes several changes to the bill, including strengthening penalties for a second offense of driving without a license.
Amendment 1 was adopted by a vote of 37 to 0.
The Committee Substitute was adopted as amended by a vote of 31 to 0.
HB 419 passed by substitute by a vote of 45 to 0.
The Secretary read HB 457, which establishes a standardized administrative process to provide for the authorization and issuance of special license plates. Sen. Whitehead took the well to present the bill.
HB 457 passed by a vote of 46 to 1.
Sen. Hamrick moved that the Senate adhere to its position on SB 98, and that a Conference Committee be appointed. There was no objection, and Sens. Hamrick, Mullis and Shafer were appointed to the Conference Committee.
Sen. Schaefer moved that the Senate adhere to its position on HB 147, and that a Conference Committee be appointed. There was no objection, and Sens. Williams, Schaefer and Pearson were appointed to the Conference Committee.
Sen. Thomas of the 54th moved that the Senate disagree to the House substitute to SB 205. There was no objection.
The Secretary read HB 486, which provides that any county or municipality located within such county may contract for the tax commissioner to prepare the tax digest for the municipality. Sen. Wiles took the well to present the bill.
The Committee Substitute was adopted by a vote of 36 to 0.
HB 486 passed by substitute by a vote of 44 to 3.
HB 100 was read. The bill makes several changes to code provisions on shrimping, shrimping nets and bait. Sen. Jeff Chapman of the 3rd took the well to explain the bill.
HB 100 passed by a vote of 47 to 0.
Lt. Gov. Cagle returned to preside over the Senate.
From the Upper Chamber Thursday, April 19, 2007
Page 7 of 13

The Secretary read HB 214, which will automatically extend the Jekyll Island-State Park Authority Lease for an additional 30 years upon ending the initial term. Several Amendments were also read.
Sen. Tolleson took the well to present the bill. He yielded to questions from Sens. Thompson of the 33rd, Murphy, Steve Henson of the 41st, Mullis, Renee Unterman of the 45th, Hudgens and Bill Cowsert of the 46th.
Sen. Tolleson explained that Amendment 1 preserves the south end of the Island for the purposes of the master plan. His Amendment 2 requires that no commercial or residential property on which improvements have been made may be sold by the Jekyll Island Authority.
Sen. Balfour took the well to speak in favor of the bill. He yielded to questions from Sen. Unterman, Hooks, Thompson of the 33rd and Tolleson.
Sen. Meyer von Bremen took the well to speak to against the bill.
Sen. Thomas of the 2nd took the well to speak against the legislation as well.
Sen. Henson took the well to add to the debate on HB 214.
Sen. Unterman took the well to speak against HB 214. She yielded to questions from Sen. Valencia Seay of the 34th.
Sen. Chapman took the well to explain Amendment 3, 4, 5 and 6. Amendment 3 provides that residential and commercial lots may not be subdivided by the Authority. Amendment 4 preserves the south end of the Island for the purposes of the master plan. Amendment 5 will set forth procedures for the General Assembly's override of an undesirable master plan. Amendment 6 changes provisions in the underlying bill concerning the sale of commercial property on Jekyll Island. He yielded to questions from Sens. Tolleson, Cowsert, Smith and Hudgens.
Sen. Tolleson took the well to conclude the debate on HB 214. He asked the Senate to support Amendments 1, 2 and 5 and to vote against Amendments 3, 4 and 6.
Amendment 1 failed by a vote of 20 to 29.
Amendment 2 failed by a vote of 24 to 26.
Amendment 3 was adopted by a vote of 31 to 14.
Amendment 4 was adopted by a vote of 32 to 12.
Amendment 5 was adopted by a vote of 50 to 0.
Amendment 6 was adopted by a vote of 48 to 2.
From the Upper Chamber Thursday, April 19, 2007
Page 8 of 13

Sen. Ronnie Chance of the 16th asked that he be excused from voting on HB 214. There was no objection.
The Committee Substitute was adopted as amended by a vote of 51 to 0.
HB 214 passed by substitute by a vote of 53 to 0.
Sen. Williams moved that the Senate insist on its substitute to HB 219 and 208. There was no objection.
Sen. Rogers moved the Senate insist on its substitute to HB 225 and 445. There was no objection.
Sen. Goggans moved that the Senate insist on its substitute to HB 340. There was no objection.
Sen. Unterman moved that the Senate insist on its substitute to HB 748. There was no objection.
Sen. Cowsert moved that the Senate insist on its substitute to HB 587. There was no objection.
Sen. Dan Moody of the 56th moved that the Senate insist on its substitute to HB 162. There was no objection.
Sen. Bulloch moved that the Senate adhere to its disagreement to the House substitute to SB 275 and that a Conference Committee be appointed. There was no objection, and Sens. Bulloch, Hooks and Goggans were appointed to the Conference Committee.
Sen. Heath moved that the Senate insist on it substitute to HB 186. There was no objection.
Sen. Adelman moved that the Senate insist on its amendment to HB 233. There was no objection.
Sen. Pearson moved that the Senate insist on its substitute to HB 451. There was no objection.
HR 531 was read for the first time and assigned to committee.
The Senate stood at ease for an hour for dinner.
After the Senate reconvened, Sen. Johnson took the gavel to preside.
From the Upper Chamber Thursday, April 19, 2007
Page 9 of 13

The Secretary read HB 505, which authorizes the Department of Human Resources to charge fees for licensing of adult day centers. Sen. Hill of the 32nd took the well to explain the bill.
The Committee Substitute was adopted by a vote of 30 to 0.
HB 505 passed by substitute by a vote of 45 to 0. HB 519 was read, which requires taxicab owners to obtain a certificate of public necessity and convenience. Sen. Mullis took the well to explain the bill.
HB 519 passed by a vote of 43 to 2.
HB 527 was read, which eliminates registration fees for private and local governmental probation services that register with the County and Municipal Probation Advisory Council.
Sen. Murphy took the well to explain the bill, and stated that its purpose is to clarify existing law.
HB 527 passed by a vote of 44 to 0.
The Secretary read SR 124, which urges the U.S. Congress to withdraw the nation from the Security and Prosperity Partnership of North America.
The Senate suspended for ten minutes to allow for a meeting of the Rules Committee.
Sen. Schaefer took the well to speak to the resolution.
Sen. Harp took the well to urge passage of the resolution.
SR 124 failed by a vote of 24 to 17.
HB 16 was read, which expands the definitions of public employee and employer to include local and regional government employers and employees, with regard to protection when such employee files a complaint of fraud or waste.
Sen. Adelman moved to table HB 16. There was no objection.
HB 48 was read, which changes the definition of "in the line of duty" relating to the death of a law enforcement officer.
Sen. Douglas took the well to present the bill, and explained that Amendment 1 provides for the convictions when a law enforcement officer is killed in the line of duty.
Sen. Tolleson took the well to present Amendment 2, which includes fire department volunteers in the provisions of the bill.
Amendment 1 was adopted by a vote of 36 to 0.
From the Upper Chamber Thursday, April 19, 2007
Page 10 of 13

Amendment 2 was adopted by a vote of 32 to 0.
The Committee Substitute was adopted by a vote of 34 to 0.
HB 48 passed by substitute by a vote of 49 to 0.
Sen. Seabaugh moved to take HB 16 off the table, so it could be considered. There was no objection.
Sen. Unterman took the well to explain the bill.
HB 16 passed by a vote of 48 to 0.
HB 69 was read, which prohibits the Department of Driver Services from charging a fee to an individual for providing his/her driver's record online.
Sen. Seabaugh took the well to outline the two parts of the bill.
The Committee Amendment was adopted by a vote of 33 to 0.
HB 69 passed as amended by a vote of 45 to 2.
The Secretary read HB 78, which expands what uses may not be considered a breach of the conservation use covenant. Sen. Bulloch took the well to present the bill.
HB 78 passed by a vote of 48 to 0.
Sen. Hamrick moved that the Senate adopt the Conference Committee Report on SB 98. There was no objection.
Sen. Hamrick took the well to speak to the bill, which protects children from online predators, who use technology for illegal purposes.
The Conference Committee Report was adopted by a vote of 46 to 1.
Sen. Carter moved that the Senate adhere to its substitute to HB 330 and that a Conference Committee be appointed. There was no objection. Sens. Carter, Hill of the 32nd and Lee Hawkins of the 49th were appointed to the conference committee.
The Secretary read HB 109, which provides that a county with no unincorporated cities may elect that the county is a consolidated government. Sen. Goggans took the well to present the bill.
The Committee Substitute was adopted by a vote of 38 to 0.
HB 109 passed by substitute by a vote of 48 to 3.
From the Upper Chamber Thursday, April 19, 2007
Page 11 of 13

Lt. Gov. Cagle returned to preside over the Senate.
HB 177 was read, which requires that a written notice must be given to the state archeologist prior to beginning an investigation of an archeological site.
Sen. Mullis took the well to speak to the bill. He yielded to questions from Sens. Williams and Tolleson.
HB 177 passed by a vote of 50 to 0.
The Secretary read HB 229, which updates several definitions of the lottery for education.
Sen. Harp took the well to explain the bill and yielded to questions from Sen. Meyer von Bremen.
The Committee Substitute was adopted by a vote of 38 to 0.
HB 229 passed by substitute by a vote of 50 to 2.
HB 311 was read, which increase the amount of HERO scholarships. Sen. Douglas took the well to present the bill.
The Committee Substitute was adopted by a vote of 45 to 0.
HB 311 passed by a vote of 51 to 0.
The Secretary read HB 363, which provides that students of the Georgia Military College will be eligible for a HOPE grant. Sen. Grant took the well to present the bill.
HB 363 passed by a vote of 52 to 0.
The Secretary read 369, which provides for a direct appeal for all judgments in child custody cases and other provisions. Sen. Harp took the well to explain the bill.
Sen. Wiles moved to suspend the rules to allow for a correction to be made to the Amendment. There was no objection.
Sen. Seabaugh took the well to speak to Amendment 1, which requires certain divorcing parents to participate in education classes on the effect of divorce on children and extends the time that a divorce is granted. He yielded to questions from Sens. Carter, Orrock and Adelman.
Sen. Harp again took the well to address and close debate on the bill.
From the Upper Chamber Thursday, April 19, 2007
Page 12 of 13

Sen. Seabaugh moved the previous question. The motion was adopted by a vote of 29 to 20.
Sen. Unterman moved for a yeas and nays vote on Amendment 1. Amendment 1 was adopted by a vote of 28 to 20. Sen. Seay moved to table HB 369. The motion to table failed by a vote of 22 to 28. Sen. Seay moved to adjourn. The motion failed by a vote of 16 to 33. The Committee Substitute was adopted as amended by a vote of 31 to 19. HB 369 passed by substitute by a vote of 31 to 19. Majority Leader Williams moved to table HB 408, 433, 448, 467, 510, 518, 655, 156, 487, 549, 2 and 332. There was no objection. Majority Leader Williams then moved that the Senate stand adjourned until 10:00 a.m., Friday, April 20.
# # # #
From the Upper Chamber Thursday, April 19, 2007
Page 13 of 13