Journal of the Senate of the State of Georgia regular session 2003 volume one, commenced at Atlanta, Georgia, Monday, January 13, 2003 and adjourned, Friday, April 25, 2003

Collection:
Georgia Government Publications
Title:
Journal of the Senate of the State of Georgia regular session 2003 volume one, commenced at Atlanta, Georgia, Monday, January 13, 2003 and adjourned, Friday, April 25, 2003
Creator:
Georgia. General Assembly. Senate
Date of Original:
2003
Subject:
Georgia--Politics and government
Location:
United States, Georgia, 32.75042, -83.50018
Medium:
state government records
Type:
Text
Format:
application/pdf
Description:
Includes extraordinary sessions
Metadata URL:
http://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl402-b2003-bv-p1-belec-p-btext
Digital Object URL:
http://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl402-b2003-bv-p1-belec-p-btext
Holding Institution:
University of Georgia. Map and Government Information Library
Rights:
Rights Statement information

Compiler's Note
The Journal of the Senate for the regular session of 2003 is bound in two separate volumes. Volume One contains January 13, 2003 through April 10, 2003. Volume Two contains April 11, 2003 through April 25, 2003 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2003
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 13, 2003 and adjourned, Friday, April 25, 2003 Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
2003
MARK TAYLOR ..........................................................President (Lieutenant Governor) DOUGHERTY COUNTY
ERIC JOHNSON........................................................................President Pro Tempore CHATHAM COUNTY
FRANK ELDRIDGE, JR..............................................................Secretary of the Senate WARE COUNTY
MATTHEW HILL................................................................................Sergeant at Arms BARTOW COUNTY
STAFF OF SECRETARY OF SENATE
AUDRA DEANNE DODD...................................................................Reading Clerk DEKALB COUNTY
AGNES DOSTER.................................................................................. Enrolling Clerk GWINNETT COUNTY
FREIDA ELLIS...............................................................................................Bill Clerk FULTON COUNTY
ROBERT EWING............................................................................ Assistant Secretary DEKALB COUNTY
JEFFREY FOLEY.........................................................................Assistant to Secretary DEKALB COUNTY
CHEREE HARPER.....................................................................Index/Information Clerk FULTON COUNTY
FAYE MOORE...........................................................Assistant Index/Information Clerk GLYNN COUNTY
MICHELLE SIMMONS...........................................................Assistant Enrolling Clerk COBB COUNTY
DEBBIE SORRELLS................................................................................. Journal Clerk GWINNETT COUNTY
LINDA THOMPSON...............................................................................Calendar Clerk CLAYTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 2003-2004

Senators

District

Address

David Adelman (D)............................................. 42 ............................... Decatur

Don Balfour (R) .................................................. 9 ................................. Snellville

Peg Blitch (D) .................................................... 7 ................................. Homerville

Rooney L. Bowen (R) ........................................ 13 ............................... Cordele

Robert Brown (D) .............................................. 26 ............................... Macon

B. Joseph "Joey" Brush, Jr. (R) .......................... 24 ............................... Appling

John Bulloch (R) ............................................... 11 ............................... Ochlocknee

Gloria S. Butler (D) ............................................ 55 ............................... Stone Mountain

Casey Cagle (R) ................................................. 49 ............................... Gainesville

Don Cheeks (R) .................................................. 23 ............................... Augusta

Chuck Clay (R) .................................................. 37 ............................... Marietta

Ginger Collins (R) .............................................. 6 ................................. Smyrna

Mike Crotts (R) .................................................. 17 ............................... Conyers

Nathan Dean (D) ................................................ 31 ............................... Rockmart

Vincent D. Fort (D) ............................................ 39 ............................... Atlanta

Hugh M. Gillis, Sr. (D) ...................................... 20 ............................... Soperton

Tim Golden (D) .................................................. 8 ................................. Valdosta

Randy Hall (R) ................................................... 22 ............................... Augusta

Bill Hamrick (R) ................................................ 30 ............................... Carrollton

Ed Harbison (D) ................................................. 15 ............................... Columbus

Seth Harp (R) ..................................................... 16 ............................... Midland

Steve Henson (D) ............................................... 41 ............................... Tucker

Jack Hill (R) ....................................................... 4 ................................. Reidsville

George Hooks (D) .............................................. 14 ............................... Americus

Ralph Hudgens (R) ............................................. 47 ............................... Comer

Carol Jackson (D) ............................................... 50 ............................... Cleveland

Eric Johnson (R) ................................................. 1 ................................. Savannah

Brian Kemp (R) .................................................. 46 ............................... Athens

Rene' D. Kemp (D) ............................................. 3 ................................. Hinesville

Robert Lamutt (R) .............................................. 21 ............................... Marietta Daniel W. Lee (R) .............................................. 29 ............................... LaGrange Liane Levetan (D) .............................................. 40 ............................... Atlanta Michael S. Meyer von Bremen (D) .................... 12 ............................... Albany Dan Moody (R) .................................................. 27 ............................... Alpharetta Jeff Mullis (R) .................................................... 53 ............................... Chickamauga Thomas E. Price (R) ........................................... 56 ............................... Roswell Kasim Reed (D) .................................................. 35 ............................... Atlanta Mitch Seabaugh (R) ........................................... 28 ............................... Sharpsburg Valencia Seay (D) .............................................. 34 ............................... College Park David Shafer (R) ................................................ 48 ............................... Duluth Faye Smith (D) ................................................... 25 ............................... Milledgeville Preston Smith (R) ............................................... 52 ............................... Rome Mary Squires (D) ............................................... 5 ................................. Norcross Terrell Starr (D) .................................................. 44 ............................... Jonesboro Bill Stephens (R) ................................................ 51 ............................... Canton Connie Stokes (D) .............................................. 43 ............................... Decatur Charlie Tanksley (R) .......................................... 32 ............................... Marietta Horacena Tate (D) .............................................. 38 ............................... Atlanta Don Thomas (R) ................................................. 54 ............................... Dalton Nadine Thomas (D) ............................................ 10 ............................... Ellenwood Regina Thomas (D) ............................................ 2 ................................. Savannah Steve Thompson (D) .......................................... 3 ................................. Powder Springs Ross Tolleson (R) ............................................... 18 .............................. Perry Renee Unterman (R) ............................... 45 ........................Loganville Tommie Williams (R) .............................. 19 ........................Lyons Sam Zamarripa (D) ............................................ 36 ............................... Atlanta

MONDAY, JANUARY 13, 2003

1

Senate Chamber, Atlanta, Georgia January 13, 2003
First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 2003-2004 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day, and were called to order by the Lieutenant Governor, President of the Senate.
The Lieutenant Governor addressed the Senate as follows:
Ladies and gentleman of the Senate . . . I am honored to welcome you to this body. I especially want to welcome the 17 senators who are here beginning your first session as Georgia senators. This is a huge accomplishment for you, your families and your supporters.
You assume today, the duty and high honor of representing the views and aspirations of about 150,000 Georgians in each of your districts. But in a larger sense . . . you join your colleagues as both an architect and protector of the hopes and dreams of ALL the people of our diverse Georgia.
Now that the gavel has fallen, and we are officially in session, we meet together -- not so much as agents of our political parties . . . but as agents of the people.
In a legislative session marked by a major political transition . . . Can members of both parties put the public interest above partisan interest?
We can...we will ....we must!!
As we have witnessed throughout the history of this body, there will always be spirited...vigorous...sometimes eloquent and sometimes colorful debate on legislative proposals brought for consideration in this chamber.
But it is important on this first day of our session for us to appreciate and celebrate the strength and stability of our political institutions....
SO...the challenge that confronts all of us ...is to go forward this session with a workable set of rules and procedures that accommodates the political change that has taken place in this body....a set of rules that ensures that each voice you represent is heard.
Let us remember that in the long run...the people of Georgia will judge us not on the procedural roles we play in the Senate ....but on how we perform...as a body....in improving our schools...in re-igniting the economic momentum which our state has

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generated in recent years ....in providing safe communities....and ...in operating a state government which is transparent, inclusive and fair to all the people of the State.

I want to publicly pledge to you as I have committed in private to many of you: As I fulfill the constitutional role to which I have been elected - to preside in the Georgia Senate, I shall do so faithfully and I shall do so fairly.

I look forward to working with all of you this session. I have complete confidence that we will do our best in expressing the will of the people...the will that guides us to improve our beloved state.

The Senators-elect pledged allegiance to the flag.

The Lieutenant Governor introduced the chaplain of the day, Reverend Gil Watson of Atlanta, Georgia, who offered scripture reading and prayer.

The President introduced the doctor of the day, Dr. Bobby Kaufmann and Alice Kaufmann.

Pursuant to Senate Rule 2, the Secretary assumed the Chair.

The following communications were received by the Secretary:

The Honorable Roy Barnes Office of the Governor State Capitol Atlanta, GA 30334

The State Senate Atlanta, Georgia 30334
July 12, 2002

Dear Governor Barnes:

Due to the fact I am relocating to Savannah, Georgia and will no longer live in DeKalb County, I regretfully request you accept my resignation as Senator of the 42nd District effective July 15, 2002.

It has been a great honor to serve with you and I hope you will consider me a valuable policy resource, especially in the areas of technology, ethics and issues affecting senior citizens.

MONDAY, JANUARY 13, 2003

3

Even though I will not be the official Senator for Senate District 42, Leah, in my office at the Capitol, will continue to provide for constituent needs until the January swearing in of the new Senators.
Again, it has been an honor to serve with you and I wish you all the best in your reelection campaign.
Sincerely,
/s/ Mike Polak
STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA, GEORGIA 30334-0900
July 12, 2002
TO: Linda Beazley
RE: Resignation Acceptance Senator Mike Polak, District 42
MESSAGE: The Governor has accepted this resignation.

SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

STATE OF GEORGIA V. DONNIE LAVAN STREAT Defendant

INDICTMENT NO..2002SC00152
CHARGE(S): VIOLATION OF OATH OF OFFICE (4 COUNTS) FALSE STATEMENT

STATE'S MOTION TO ENTER NOLLE PROSEQUI
Now comes the State of Georgia, by and through Special Appointed Attorney General Peter J. Skandalakis, and moves the Court to enter the above-stated pending case nolle prossed for the following reasons: The evidence available to the prosecution at this time is insufficient to obtain and/or sustain a conviction in this case.
WHEREFORE, the State of Georgia prays that the Court now pass and sign an order entering the aforesaid case nolle prossed.

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/s/ PETER J. SKANDALAKIS Special Appointed Attorney General State of Georgia Georgia State Bar No. 649624
Troup County Courthouse Annex 118 Ridely Avenue LaGrange, Georgia 30240 706-845-4270
/s/ Dwight B. Thomas for Defendant 10/11/02 Consented to by /s/ Gary Gillen for Defendant with permission D.L. Thomas /s/ Donnie Lavan Streat D. L. Thomas
with permission

SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

STATE OF GEORGIA V. DONNIE LAVAN STREAT Defendant

INDICTMENT NO..2002SC00152
CHARGE(S): VIOLATION OF OATH OF OFFICE (4 COUNTS) FALSE STATEMENT

ORDER

Upon Motion of the State of Georgia by the prosecuting attorney of this Court, the aforesaid motion is granted and the aforesaid case is entered nolle prossed. This 15th day of October, 2002

Prepared by: /s/ Peter J. Skandalakis Special Appointed Attorney General State of Georgia Georgia State Bar No. 649624

/s/ Thelma Moore Judge of Superior Court Atlanta Judicial Circuit

MONDAY, JANUARY 13, 2003

5

Office of the Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
October 16, 2002
Pursuant to Article II, Section III, Paragraph I(b) of the Constitution of the State of Georgia, which states:
"During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended."
I am in the possession of a certified nolle prosequi court order from Judge Moore of Fulton County. So, therefore under this provision of the Constitution, I, Frank Eldridge, Jr., Secretary of the Georgia Senate, am entering into the record on Wednesday, October 16, 2002, at 12 noon, the reinstatement of Van Streat to his full duties and responsibilities as a member of the 2001-2002 Senate of Georgia.
/s/ Frank Eldridge, Jr.
The State Senate Atlanta, Georgia 30334
November 13, 2002
The Honorable Frank Eldridge, Jr. Secretary of the Senate State Capitol Room 353 Atlanta, Georgia 30034
Dear Frank:
I publicly announced on Friday, November 8, 2002 at approximately 4 p.m. my intent to change party affiliation from the Democratic Party to the Republican Party. I hereby request to be listed in the new picture book as a Republican and to be sworn into the 2003-2004 General Assembly as a Republican.
Respectfully,
/s/ Don Cheeks District 23

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P.S. Due to the weekend and holiday this is the first opportunity I have had to notify you in writing.

The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Senators-elect in the General Election of 2002, was received and read by the Secretary:

STATE OF GEORGIA

OFFICE OF SECRETARY OF STATE

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached three (3) pages of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia in the 2002 General Election held on November 5, 2002; all as the same appear on file and record in this office.

(Seal)

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord Two Thousand and Three and of the Independence of the United States of America the Two Hundred and Twenty-seventh.
/s/ Cathy Cox Secretary of State

CANDIDATE
ERIC JOHNSON REGINA THOMAS RENE= D. KEMP JACK HILL MARY HODGES SQUIRES GINGER MOORE COLLINS MARGARET H. APEG@ BLITCH TIMOTHY ROBERT GOLDEN DONALD KENNETH BALFOUR, II NADINE THOMAS JOHN D. BULLOCH, JR. MICHAEL S. MEYER VON BREMEN ROONEY L. BOWEN, JR.

TITLE
STATE SENATOR, DISTRICT 1 STATE SENATOR, DISTRICT 2 STATE SENATOR, DISTRICT 3 STATE SENATOR, DISTRICT 4 STATE SENATOR, DISTRICT 5 STATE SENATOR, DISTRICT 6 STATE SENATOR, DISTRICT 7 STATE SENATOR, DISTRICT 8 STATE SENATOR, DISTRICT 9 STATE SENATOR, DISTRICT 10 STATE SENATOR, DISTRICT 11 STATE SENATOR, DISTRICT 12 STATE SENATOR, DISTRICT 13

MONDAY, JANUARY 13, 2003

7

GEORGE HOOKS ED HARBISON BERT SETH HARP, JR. MIKE CROTTS ROSS TOLLESON TOMMIE ANDREW WILLIAMS HUGH GILLIS, SR. ROBERT B. LAMUTT RANDY HALL DONALD EDWARD CHEEKS BEN JOSEPH >JOEY= BRUSH, JR. HAZEL FAYE SMITH ROBERT BROWN DAN MOODY MITCHELL WAYNE SEABAUGH DANIEL WILLIAM LEE WILLIAM (BILL) G. HAMRICK, III NATHAN DEAN CHARLIE TANKSLEY STEPHEN P. THOMPSON VALENCIA SEAY KASIM REED SAM ZAMARRIPA CHARLES "CHUCK" COMMANDER CLAY HORACENA TATE VINCENT D. FORT LIANE LEVETAN STEPHEN BRADLEY HENSON DAVID ADELMAN CONNIE STOKES TERRELL A. STARR RENEE' S. UNTERMAN BRIAN P. KEMP RALPH T. HUDGENS DAVID J. (DAVE) SHAFER L. S. CASEY CAGLE CAROL JACKSON WILLIAM V. STEPHENS PRESTON WILLIAMS SMITH JEFF E. MULLIS DONALD R. THOMAS GLORIA SINGLETON BUTLER THOMAS EDMUNDS PRICE

STATE SENATOR, DISTRICT 14 STATE SENATOR, DISTRICT 15 STATE SENATOR, DISTRICT 16 STATE SENATOR, DISTRICT 17 STATE SENATOR, DISTRICT 18 STATE SENATOR, DISTRICT 19 STATE SENATOR, DISTRICT 20 STATE SENATOR, DISTRICT 21 STATE SENATOR, DISTRICT 22 STATE SENATOR, DISTRICT 23 STATE SENATOR, DISTRICT 24 STATE SENATOR, DISTRICT 25 STATE SENATOR, DISTRICT 26 STATE SENATOR, DISTRICT 27 STATE SENATOR, DISTRICT 28 STATE SENATOR, DISTRICT 29 STATE SENATOR, DISTRICT 30 STATE SENATOR, DISTRICT 31 STATE SENATOR, DISTRICT 32 STATE SENATOR, DISTRICT 33 STATE SENATOR, DISTRICT 34 STATE SENATOR, DISTRICT 35 STATE SENATOR, DISTRICT 36 STATE SENATOR, DISTRICT 37 STATE SENATOR, DISTRICT 38 STATE SENATOR, DISTRICT 39 STATE SENATOR, DISTRICT 40 STATE SENATOR, DISTRICT 41 STATE SENATOR, DISTRICT 42 STATE SENATOR, DISTRICT 43 STATE SENATOR, DISTRICT 44 STATE SENATOR, DISTRICT 45 STATE SENATOR, DISTRICT 46 STATE SENATOR, DISTRICT 47 STATE SENATOR, DISTRICT 48 STATE SENATOR, DISTRICT 49 STATE SENATOR, DISTRICT 50 STATE SENATOR, DISTRICT 51 STATE SENATOR, DISTRICT 52 STATE SENATOR, DISTRICT 53 STATE SENATOR, DISTRICT 54 STATE SENATOR, DISTRICT 55 STATE SENATOR, DISTRICT 56

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The Secretary introduced the Honorable William McCrary Ray, II, Superior Court Judge of Gwinnett County, who administered the following Oath of Office to all Senators-elect.

"I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or due any political subdivision or authority thereof; and that I am not the holder of any office or trust under the government of the United States, nor of any state, nor of any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

So help me God."

LOYALTY OATH

"I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of the State of Georgia.

So help me God."

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis

Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis

Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman

MONDAY, JANUARY 13, 2003

9

Golden Hall Hamrick

Price Reed

Williams Zamarripa

Not answering was Senator Thomas, N.

The following resolution was read and put upon its adoption:

SR 2. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:

A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.

On the adoption of the resolution, the yeas were 54, nays 0, and the resolution was adopted.

The following resolution was read and put upon its adoption:

SR 3. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:

A RESOLUTION calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.

On the adoption of the resolution, the yeas were 54, nays 0, and the resolution was adopted.

The Secretary appointed a Committee of Escort on the part of the Senate the following Senators: Johnson of the 1st, Meyer von Bremen of the 12th, Gillis of the 20th, Brown of the 26th, Lee of the 29th, Stephens of the 51st and Price of the 56th.

The following resolution was read and put upon its adoption:

SR 4. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:

A RESOLUTION relative to officials, employees, and committees in the Senate; and for other purposes.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 54, nays 2, and the resolution was adopted.

The following resolution was read and put upon its adoption:

SR 5. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:

A RESOLUTION adopting the Rules of the Senate for the 2003 Session of the General Assembly of Georgia; and for other purposes.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen

Y Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson

MONDAY, JANUARY 13, 2003

11

N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 53, nays 3, and the resolution was adopted.

The Secretary announced the next order of business was the election of the Sergeant at Arms of the Senate.

Senator Price of the 56th nominated Matthew Hill as Sergeant at Arms of the Senate.

Senator Price of the 56th asked unanimous consent that the nominations be closed and the Assistant Secretary be instructed to cast the vote of the entire body for Matthew Hill as Sergeant at Arms of the Senate. The consent was granted, and Matthew Hill was declared duly elected Sergeant at Arms of the Senate.

The Secretary announced the next order of business was the election of the President Pro Tempore.

Senator Price of the 56th nominated Senator Johnson of the 1st as President Pro Tempore.

Senator Price of the 56th asked unanimous consent that the nominations be closed and the Assistant Secretary be instructed to cast the vote of the entire body for Senator Johnson of the 1st as President Pro Tempore of the Senate. The consent was granted, and Senator Johnson of the 1st was declared duly elected President Pro Tempore of the Senate.

The Secretary appointed Senators Balfour of the 9th, Meyer von Bremen of the 12th, Brown of the 26th, Seabaugh of the 28th, Starr of the 44th and Price of the 56th to escort Senator Johnson of the 1st to the Rostrum of the Senate, where he addressed the Senate briefly.

Senator Johnson of the 1st addressed the Senate as follows:

Good morning and thank you!

I am honored to stand before this historic chamber as your new President Pro Tempore.

I am not the first Republican to hold this position. In 1871, the first Republican Governor, Rufus Bulloch, fled into exile before he was impeached. Georgia had not

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created the office of Lieutenant Governor so the President of the Georgia Senate, Benjamin Conley, inherited Bulloch's unexpired term and became Georgia's second Republican Governor. He served just 72 days before the legislature called a special election and replaced him with a Democrat.
It's been 130 years since the Senate has elected another Republican President Pro Tempore. I hope my term is less eventful!
I would like to thank my family who has tolerated my love of politics and suffered the penalties of public service that only you and your families can relate to....
Let me introduce you to my best friend and my partner, Kathryn. She is God's greatest gift to me. My daughter, Righton, shares my love of politics and works for Congressman Jack Kingston. My son, Marcus, keeps me humble by mimicking me to our friends, but helps me keep up with what's cool or more likely what's not cool. My parents from Louisiana are here....and my father-in-law, John Miller, who was born and raised in Bibb County and is in the same law firm as the new Senator from the 22nd District.
I can only serve with their love and support.
This position that you have honored me with today is quite different than my previous role as Minority Leader.
The Senator from the 56th - the new Majority Leader - has a constituency of 30 Senators. He will speak on behalf of them, the Governor and the party of Lincoln, Eisenhower, Reagan and Bush. He is smart, articulate and passionate.
The Senator from the 12th - the new Minority Leader - has a constituency of 26 Senators. He will represent the views of his Caucus, the House, and the party of Jefferson, Roosevelt, Kennedy and Carter. He is intelligent, thoughtful and kind.
But the President Pro Tempore is what the Senator from the 44th District described to me as "the Senators' Senator". I now serve a constituency of 56 Senators. I must speak for the Senate as a whole and for Georgia. I will never forget that.
Today we shifted authority from one party to another and from the Lieutenant Governor to the Senate. Our constitution provides for a peaceful transfer of power. And, as historic as the past hour has been, it has been calm and purposeful and uneventful.
The Lieutenant Governor has been as gracious as he could be and generous with his advice. I want to thank him for his counsel. I believe that the "big guy" and the "bald guy" are going to work well together as we lead the Senate in a new, uncharted direction with the best interests of all Georgians in mind. Tomorrow, after he is inaugurated, he

MONDAY, JANUARY 13, 2003

13

will return to this podium and preside over the Senate as he has for the past 4 years and we will hear his thoughts and agenda at that time.
Georgia and this Senate benefit from his leadership.
I want this great Senate to know that, as Republicans, we are humbled by this opportunity to lead. And we will lead with a mandate of cooperation and a sensitivity to the minority party based on 130 years of experience.
Our intent is to share power in a bi-partisan manner. Tomorrow, we will name four Democratic Committee Chairs. We also intend to triple the number of Committee officers held by the minority party. And we intend to provide a regionally and racially diverse leadership team for the Senate.
Only four other states in America provide more Committee Chairmanships to the minority party. Some of those other states are required by statute to provide the minority party with Committees. We are not.
Some are forced into it because the partisan make-up is evenly divided. We are not.
We do this willfully and hopefully.
The new Georgia Senate will lead this nation with a coalition that puts people and policy ahead of power and partisanship.
We intend to provide this unique model of bi-partisan government because it is the right thing to do. This is an experiment that will require cooperation from both parties and the Lieutenant Governor. I have discussed this with both leaders and they have pledged their support.
Someone called state governments "the laboratories of democracy". We fully intend to perform a grand experiment in this laboratory. If we succeed, we can demonstrate to a hungry nation that bi-partisan cooperation can accomplish more for our citizens than simply fighting over the spoils of partisan warfare and the perks of power.
There is an old African proverb that says when two elephants fight, only the grass gets trampled. The citizens are tired of being trampled under the clumsy feet of warring politicians.
I know that we will have debate. And we will disagree. We will fight for our ideas and our constituents. That is the nature of our republic. It is democracy in action. It is healthy.

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We can agree on the goal of better education, but disagree on the path that gets us there. We can agree that our economy needs to improve, but disagree on the role that government should play. We can be united in our compassion for those on the bottom rung of the ladder, while debating what is the best way to give them a boost or a helping hand.
But we must conduct that debate with respect and civility. We must trust the motives of the other side. We must engage with truth and sincerity.
I wish for nothing more than for each Senator to succeed personally and politically. That is my job now. If you succeed in representing your constituents, all of the people of Georgia will benefit and no one will even notice the historic changes that we undertook today.
They don't care who is the majority party, who is their Lieutenant Governor, or who is the President Pro Tempore of the Senate. They care about whether they have a job, if their neighborhood is safe, and if their children are healthy. If we care about their needs and not ours we will be successful.
This is a new Senate. This is a new day in Georgia. I hope you will find it refreshing and rewarding.
Senator Johnson of the 1st, President Pro Tempore, assumed the Chair.
Senator Johnson of the 1st announced the next order of business was the election of the Secretary of the Senate.
Senator Price of the 56th nominated the Honorable Frank Eldridge, Jr. as Secretary of the Senate.
Senator Price of the 56th asked unanimous consent that the nominations be closed and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Frank Eldridge, Jr.
The consent was granted, and the Honorable Frank Eldridge, Jr. was declared duly elected Secretary of the Senate.
Senator Johnson of the 1st administered the following oath of office to Frank Eldridge, Jr., Secretary of the Senate:
"I do hereby solemnly swear or affirm that I will discharge my duties faithfully and to the best of my skill and knowledge. So help me God."

MONDAY, JANUARY 13, 2003

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The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 9.

By Representatives Skipper of the 116th, Orrock of the 51st, Smyre of the 111th and Porter of the 119th:

A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 3.

By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:

A RESOLUTION calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.

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

Representatives Burmeister of the 96th, Cooper of the 30th, Keen of the 146th, Massey of the 24th, O'Neal of the 117th, Richardson of the 26th, and Westmoreland of the 86th

Senator Hooks of the 14th introduced Senator Hugh Gillis of the 20th, and commended him for his 62 years of public service.

Senator Johnson of the 1st introduced Mayor of Atlanta, Shirley Franklin, who addressed the Senate briefly.

Senator Price of the 56th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. tomorrow and Senator Johnson of the 1st, President Pro Tempore announced the motion prevailed at 11:31 a.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to Philips Arena, and the Joint Session, called for the purpose of inaugurating the Governor and Lieutenant

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Governor, was called to order by the President of the Senate. SR 3 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

The Inauguration of the
Governor of Georgia

January the Thirteenth Two Thousand and Three

The 2003 Gubernatorial Inaugural Committee

Co-Chairmen Nancy Coverdell Alec Poitevint

Mary Adams Bill Adler
Michael Altmann Tom Arrendale
Boyd Austin Earl Barrs Lee Bass
Oliver Bateman Mike Beatty Ken Bernard Mary Beverly Arthur Blank Nancy Bobbitt Mike Bowers Brent Brown Danny Brown
Vernadette Ramirez-Broyles Danny Bryant Brian Burdette Dot Burns Bill Byrne Susan Cable Anna Cablik Tony Campbell Rayna Casey Mack Chandler Chris Clark Denise Clopton Don Cole

Craig Dowdy Kevin Dowdy
Molly Dye Van Dykes Norma Edenfield Roy Embry Jimmy Franklin Mayor Shirley Franklin Donny Free Scott Free Bill Fuqua Marilyn Gilhuly Judy Goddard Kay Godwin Shannon Goesling Johnny Grant Shirley Guhl Joe Hatfield Raymond Hawkins Mark Hennessy Linda Herren Guy Hill Anthony-Scott Hobbs Bob Irvin Scott Italiaander
Jim Ivey Mansfield Jennings
Phillip Jennings Dub Jones

Debbie Lyons Colin Martin Mario Martinez Mack Mattingly David McCleary Virgil McEver Larry McNeal Guy Millner Ken Morrow Sandra Neal Chris Nedza
Phil Neff Rusty Paul Matthew Payne Chip Pearson Rick Poppell Wesley Rakestraw Bob Ratliff Ralph Reed Joe Rogers Norma Rogers Frank Ros Paula Rosput J. Roy Rowland Linda Schrenko Tripp Self Gene Sorrells Steve Stancil Joyce Carter Stevens

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Jim Comerford Pete Correll Fred Cooper
Wallace Coopwood Ben Copeland Jeff Davis Clint Day Lou Dekmar Rob Dial
Sonny Dinsmore Barbara Dooley
Ann Dorsey

Gregg Jones Patrick Jones Carole Kaczorowski Alton Knight David Knight Bob Krueger Willard Lasseter Bill Lavendar Ed Lindsey Mike Long Jeff Lukken Sybil Lynn

Michael Sullivan Carl Swearingen
Cullen Talton Stan Thomas Todd Tibbetts Pat Tippett Doug Tollett
Carl Ware Larry Warnock
Tom Wiley Burt Wilkerson William Woodall

The 2003 Gubernatorial Inaugural Committee Co-Chairmen
Nancy Coverdell Alec Poitevint
The Inauguration of the 81st Governor of Georgia is a celebration of the diverse people of Georgia, and the contribution we can make together to move our great state forward. Georgia's history is lined with great leaders who put the state and its people before politics. Individuals such as Sam Nunn, Paul Coverdell, and Zell Miller have sought bold, new ideas to improve the lives of Georgians.
Now, in the 21st Century, we look to build on the successes of these great leaders, making Georgia an example to the entire world of the benefits of working together as a team with a common purpose: improving the quality of life for Georgia's citizens.
The inauguration of a new Governor offers the opportunity to celebrate new leadership in government and a new spirit in our state. The theme of this inauguration, The New Georgia, is a call to action for Georgians. We will face many challenges in moving forward. If we work together, there is nothing we cannot overcome.
It is our pleasure to welcome you to the Inauguration of the 81st Governor of Georgia. We invite all Georgians to join in this special celebration!
Sincerely,
/s/ Nancy Coverdell /s/ Alec Poitevint

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The Inauguration of the Governor of Georgia A Brief History
Georgia has always recognized the importance of gubernatorial inaugurations, treating the events with dignity and reverence.
For nearly one hundred and fifty years, the ceremony was open to only a handful of individuals. The swearing-in traditionally took place in the House of Representatives chamber, with the Speaker of the House presiding over the ceremony. The joint session of the legislature would witness the swearing-in, along with citizens in the gallery. Following the Oath of Office, the incoming Governor would administer the oaths to the constitutional officers, and deliver his Inaugural address to the legislature.
Traditionally, a small celebration was held upstairs in the Capitol building, providing the new Governor an opportunity to meet with legislators and community leaders.
In 1946, the swearing-in ceremony was moved outside, allowing thousands of citizens, willing to brave the winter weather, the opportunity to witness the event. As the state continued to grow, so did the size of celebrations. Inaugural balls became commonplace, and the event's symbolic importance continued to grow.
This year, the swearing-in will take place at Atlanta's Philips Arena, offering tens of thousands of citizens the opportunity to witness the event in comfort, regardless of the weather conditions.
The Inaugural Ball will be held at the Georgia World Congress Center, providing citizens from all corners of the state and from all walks of life the opportunity to celebrate the dawning of a New Georgia with Governor and Mrs. Perdue.
A Message from the Governor Sonny Perdue
My fellow Georgians,
Mary and I are honored to welcome you to our state's capital for this very special occasion.
As we gather, we celebrate not just the inauguration of a Governor and other constitutional officers, but pride in our state and gratitude for the blessings of freedom. For many nations the world over, the transfer of power is characterized by violence and fear, not peaceful celebration. The greatness of our system is that, despite our differences, we focus on what unites us. As Americans and Georgians we recognize the sovereignty of the people.

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Over the past year, I've spoken of building a New Georgia. The people of Georgia deserve a principle-centered, people-focused government that will uphold the highest standards of trust in government, build a world-class education system and attract high quality jobs to our state.
This agenda is not Democratic or Republican; it is the shared vision of the people of Georgia. Together, we can reach these goals.
As we celebrate, let us rededicate ourselves to public service and remember that whatever our party label or political allegiance we must stand united for the good of all Georgians. Together, we will build the New Georgia.
Mary and I thank you for being a part of this special occasion.
Sincerely,
/s/ Sonny Sonny Perdue Governor of Georgia

George Ervin "Sonny" Perdue, III Governor of Georgia
Sonny Perdue, Georgia's 81st Governor, was born December 20, 1946 in the middle Georgia community of Perry. The son of George Ervin Perdue, Jr., a lifelong farmer, and Ophie Perdue, a teacher in the public schools for over 40 years, Perdue attended Warner Robins High School, before moving on to earn a doctorate in veterinary medicine in 1971 from the University of Georgia. Prior to being admitted to the veterinary school, Perdue played football with Coach Vince Dooley's Georgia Bulldogs as a walk on.
While still in school, Sonny volunteered to serve his nation in the United States Air Force. While in the Air Force, Sonny honed his flying skills, and still enjoys traveling the state in his single-engine Bellanca Super Viking.
Following his honorable discharge from the Air Force in 1974 with the rank of Captain and a brief tenure as a practicing veterinarian in Raleigh, North Carolina, Perdue returned to his native Georgia and became a successful small-business owner. He started two business from the ground up, concentrating in agribusiness and transportation. Today, those businesses have grown to include several locations across the Southeast.
Sonny was already a dedicated leader in his church and his community when he decided to enter public service. After serving on the Houston County Planning and Zoning Board

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during 1980's, Sonny caught the attention of local community leaders and was asked to run for the Georgia State Senate. He won, and spent the next 11 years representing the people of Houston, Bibb, Bleckley, and Pulaski Counties in the General Assembly.
Today, Sonny lives just down the road from his boyhood home in Bonaire. He is married to the former Mary Ruff of Atlanta, Georgia. The couple has four children: Leigh, a speech therapist; Lara, a software consultant in Atlanta; Jim, a UGA graduate who was recently called into the ministry and currently attends Southeastern Seminary in Wake Forest, North Carolina; and Dan, an undergraduate student at Middle Georgia College. They also have twin granddaughters, Mary Kate and Sunni. In addition, Mary and Sonny serve as foster parents for newborns awaiting adoption.
The Perdues are members of the Second Baptist Church in Warner Robins, where Sonny and Mary have taught the Family Foundations Sunday School Class.
Mary Perdue First Lady of Georgia
Mary Perdue has proudly lived a life centered on family and children in her roles as a mother, grandmother, foster parent, a speech pathologist in public schools, and a children's ministry director in her church. As Georgia's new First Lady, she will continue to make family and children's issues her central focus.
Mary, the third of five children, is the daughter of Ed and Lorraine Ruff. She was born in New Orleans, Louisiana, and also lived in Nashville, Tennessee before settling in Atlanta. She graduated from Lakeside High School in DeKalb County and attended the University of Georgia, where she met Sonny Perdue of Houston County on a blind date. As the couple dated for four years, she became most impressed by his devout faith. In September 1972, the couple married.
While her husband was stationed as an officer in the United States Air Force in Ohio, Mrs. Perdue earned her Masters in Speech Therapy from Ohio State University. At various points over the past three decades, Mrs. Perdue has served as a speech therapist to children at every grade level from pre-kindergarten to high school students.
Child Welfare has always been at the forefront of Mrs. Perdue's role in her local community. Since 1998, she and her husband have served as foster parents for eight newborns awaiting adoption through Covenant Care in Macon, Georgia. As an issue close to her heart, Mrs. Perdue would like to use her role as the First Lady of Georgia to highlight the needs of the Foster Care programs in Georgia.

MONDAY, JANUARY 13, 2003

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Mark Taylor Lieutenant Governor of Georgia

Born in Atlanta and raised in Albany, Mark Taylor is a Georgia native son. As Lt. Governor, and the Georgia Senate's presiding officer, Mark Taylor is working to accomplish his vision of more jobs, safer communities and better schools for all of Georgia.

Lieutenant Governor Mark Taylor has worked year-round with hospital administrators, doctors, emergency medical personnel, and public health officials to ensure every Georgia citizen regardless of income or geographic location has access to quality trauma care during the first critical hours following an accident or other traumatic event. Funding in fiscal year 2003 provides, for the first time, state financial support for designated trauma hospitals. Level 1 trauma care currently exists only in Atlanta, Augusta, Savannah and Macon. Lieutenant Governor Taylor will continue to work towards greater state support for hospitals to facilitate quality trauma care throughout the State.

As a South Georgia native, Lt. Governor Taylor makes economic development a top priority. Taylor chairs the Georgia Rural Development Council, which is developing innovative state policies for helping rural Georgia prosper. The GRDC's 2000 and 2001 legislative agendas met with great success in the Georgia General Assembly, an agenda that is helping hometown communities attract and keep jobs.

Taylor also serves as vice chair of the OneGeorgia Authority, created to manage a $1 billion state investment in Georgia's 71 poorest counties. On April 16, 2002 the OneGeorgia Authority awarded its fourth round of Equity investments in projects to benefit rural Georgia. Eleven projects were awarded a total of $4,273,461 in state funds, leveraging over $18 million in private investment in Byron, Sandersville, Appling County, Fort Gaines, Pulaski County, Sumter and Crisp Counties, East Elijay, Plains, Tifton, Waycross, and Randolph County. A detailed description of these projects can be found at www.onegeorgia.org.

Mark Taylor is a graduate of Emory University and the University of Georgia School of Law. He has a teenage son, Fletcher.

Constitutional Officers

Supreme Court

SONNY PERDUE Governor

NORMAN S. FLETCHER Chief Justice

MARK TAYLOR Lieutenant Governor

LEAH WARD SEARS Presiding Justice

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CATHY COX Secretary of State
THURBERT BAKER Attorney General
TOMMY IRVIN Commissioner of Agriculture
JOHN W. OXENDINE Commissioner of Insurance
KATHY COX State School Superintendent
MICHAEL THURMOND Commissioner of Labor
Public Service Commissioners
ROBERT B. BAKER, JR. Chairman
DAVID BURGESS DOUG EVERETT ANGELA SPEIR
STAN WISE

ROBERT BENHAM CAROL W. HUNSTEIN GEORGE H. CARLEY HUGH P. THOMPSON
P. HARRIS HINES
Court of Appeals
G. ALLEN BLACKBURN Chief Judge
GARY B. ANDREWS Presiding Judge
EDWARD H. JOHNSON Presiding Judge
JOHN H. RUFFIN Presiding Judge
J. D. SMITH Presiding Judge
FRANK M. ELDRIDGE ANNE E. BARNES
M. YVETTE MILLER JOHN J. ELLINGTON HERBERT E. PHIPPS CHARLES B. MIKELL
MARION T. POPE

The Georgia Senate Mark Taylor, Lieutenant Governor

David Adelman Don Balfour Peg Blitch Rooney Bowen Robert Brown Joey Brush John Bulloch

Rene' Kemp Robert Lamutt Daniel Lee Liane Levetan Michael Meyer Von Bremen Dan Moody Jeff Mullis

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Gloria Butler Casey Cagle Don Cheeks Chuck Clay Ginger Collins Mike Crotts Nathan Dean Vincent Fort Hugh Gillis, Sr. Tim Golden Randy Hall Bill Hamrick Ed Harbison Seth Harp Steve Henson Jack Hill George Hooks Ralph Hudgens Carol Jackson Eric Johnson Brian Kemp

Tom Price Kasim Reed Mitch Seabaugh Valencia Seay David Shafer Faye Smith Preston Smith Mary Squires Terrell A. Starr Bill Stephens Connie Stokes Charlie Tanksley Horacena Tate Don R. Thomas Nadine Thomas Regina Thomas Steve Thompson Ross Tolleson Renee Unterman Tommie Williams Sam Zamarripa

The Georgia House of Representatives

Amos Amerson Alberta Anderson Kathy Ashe Charles Bannister Terry Barnard Mike Barnes Stephanie S. Benfield Ken Birdsong Ellis Black Mike Boggs Tom Bordeaux Ron Borders Ben Bridges Craig Brock Tyrone Brooks Hugh Broome Jeff Brown Roger Bruce Thomas Buck

Earl Ehrhart Chris Elrod Carl von Epps Barry Fleming Hugh Floyd Johnny Floyd Virgil Fludd Ron Forster Bobby Franklin Pat Gardner Rich Golick David Graves Tom Graves Gerald E. Greene Bob Hanner Ben Harbin Chuck Harper Sally Harrell John Heard

Jimmy Lord David Lucas John Lunsford George Maddox Randal Mangham Judy Manning Pedro Marin Chuck Martin Warren Massey Howard Maxwell Louise McBee Tom McCall JoAnn McClinton Fran Millar James Mills Billy Mitchell Barbara Mobley Nick Moraitakis Greg Morris

Ed Rynders Ron Sailor Austin Scott Jay Shaw Donna Sheldon Wallace Sholar Chuck Sims Anna Sinkfield Jimmy Skipper Bob Smith Lynn Smith Paul Smith Tommy Smith Vance Smith Calvin Smyre Mickey Stephens Ron Stephens Pam Stephenson Jim Stokes

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Debbie Buckner Gail Buckner Barbara Bunn Mark Burkhalter Sue Burmeister Mark Butler Tom Campbell David Casas Jill Chambers Mickey Channell Buddy Childers Mike Coan Brooks Coleman Terry Coleman Sharon Cooper Mack Crawford Bill Cummings Burke Day Douglas Dean Buddy DeLoach Scott Dix Ron Dodson Matt Dollar Pat Dooley John Douglas Karla Drenner Winfred Dukes
Pre-Ceremony

JOURNAL OF THE SENATE

Keith Heard Bill Heath Joe Heckstall Bill Hembree Michele Henson Calvin Hill Cecily Hill Victor Hill Roger Hines Bob Holmes Penny Houston Henry Howard Lee Howell Sistie Hudson Carolyn Hugley Lester Jackson Lynmore James Jeanette Jamieson Curtis Jenkins Teresa G. Johnson Jan Jones Darryl Jordan Brian Joyce Jerry Keen Tom Knox Bob Lane Jeff Lewis

Howard Mosby

Doug Stoner

Hinson Mosley

Sharon Teague

Jack Murphy

Rob Teilhet

Quincy Murphy

Doug Teper

John Noel

Able Thomas

Bert Oliver

Alisha Thomas

Mary Margaret Oliver Curt Thompson

Larry O'Neal

Lanett Turner

Nan Orrock

Ralph Twiggs

Bobby Parham

Larry Walker

Butch Parrish

Len Walker

Don Parsons

Pete Warren

DuBose Porter

Stan Watson

Alan Powell

Lynn Westmoreland

Ann Purcell

Jack White

David Ralston

Joe Wilkinson

Nikki Randall

Wendell Willard

Robert Ray

Al Williams

Barbara Reece

Earnest Williams

Stacey Reece

Roger Williams

Tom Rice

Don Wix

Glenn Richardson John Yates

Jay Roberts

Lawrence Roberts

Carl Rogers

Chip Rogers

Richard Royal

The Program of the Inauguration of the 81st Governor of Georgia

Philips Arena Atlanta, Georgia

Monday, January 13, 2003 2:00 p.m.

Band of the United States Air Force Reserve Major N. Alan Clark, Commander and Conductor Second Baptist Church of Warner Robins Choir and Orchestra Reverend Gary Morton, Minister of Music

MONDAY, JANUARY 13, 2003

25

Joint Session Call to Order

The Speaker of the House

Presentation of Colors

The Georgia State Patrol Honor Guard

The National Anthem

Mrs. Paula Smith

Invocation

Reverend Jim Perdue

Delivery of the Great Seal of Georgia to the Governor

The Honorable Cathy Cox, Secretary of State

Delivery of the Great Seal of Georgia to the Governor-Elect

The Honorable Roy E. Barnes, Governor

Administration of the Oath of Office to the Governor-Elect

The Honorable Clay D. Land United States District Judge, Middle District of Georgia

Honors, 19-Gun Salute

The Georgia National Guard

Administration of the Oath of The Honorable Herbert Phipps, Judge, Court of Office to the Lieutenant Governor Appeals of Georgia

Address

The Honorable Mark Taylor, Lieutenant Governor

Administration of the Oath of The Honorable Sonny Perdue, Governor Office to the Constitutional Officers

Battle Hymn of the Republic

Second Baptist Church of Warner Robins Choir and Orchestra

Inaugural Address

The Honorable Sonny Perdue, Governor

Georgia on My Mind

Benediction

Reverend Charlie Simpson

Dissolution of Joint Session

The Honorable Mark Taylor, Lieutenant Governor

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The Oath of Office

The Oath of Office that Governor Sonny Perdue will recite is set by an act of the General Assembly. Section 45-12-4 of the Official Georgia Code reads:

The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives:

Oath of Office

"I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States."

Upon so taking the oath, the Governor-elect shall become Governor.

The President of the Senate announced the Joint Session dissolved.

The following communications were received by the Secretary:

The General Assembly State Capitol Atlanta

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Taylor:

August 2, 2002

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on August 2, 2002, in the Senate Chamber of the state capitol building. At that caucus, Honorable David Doss was elected as a member of the State Transportation Board from the 7th Congressional District to serve a term expiring April 15, 2006.

Respectfully submitted,

/s/ HONORABLE RICHARD O. MARABLE SENATOR, 52ND DISTRICT CHAIRMAN

MONDAY, JANUARY 13, 2003

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/s/ HONORABLE NATHAN DEAN SENATOR, 31ST DISTRICT SECRETARY
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable David Doss has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 7th Congressional District for a term expiring April 15, 2006.
This day 2nd of August, 2002.
/s/ MARK TAYLOR PRESIDENT OF THE SENATE
/s/ THOMAS B. MURPHY SPEAKER, HOUSE OF REPRESENTATIVES
The following communications from His Excellency, Governor Roy Barnes, were received by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 13, 2002
The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334

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Dear Gentlemen:
Please be advised that I have line item vetoed the following Section in House Bill 1002:
Section 41, pertaining to the Department of Administrative Services, page 40, lines 1727 through 1729;
Section 42, pertaining to the Department of Community Affairs, page 40, lines 1740 through 1743;
Section 42, pertaining to the Department of Community Affairs, page 41, lines 1756 through 1757;
Section 51, pertaining to the Department of Natural Resources, pages 88 through 89, lines 3596 through 3604;
Section 55, pertaining to the Department of Transportation, page 90, lines 3643 through 3647;
Section 55, pertaining to the Department of Transportation, page 90, lines 3652 through 3654;
Section 64, pertaining to Federal Funds, page 93, lines 3745 through 3749.
Please be further advised that I have directed the Office of Planning and Budget to implement the attached Expenditure Controls for FY 2003.
The Veto Messages and Expenditure Controls are attached for each item referenced above.
Sincerely,
/s/ Roy E. Barnes

VETOES HB 1002
Section 41, pertaining to the Department of Administrative Services, page 40, lines 1727 through 1729:
This language was approved in the 1996 Session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communication equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law.

MONDAY, JANUARY 13, 2003

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Therefore, this language (lines 1727 to 1729, page 40) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.

Section 42, pertaining to the Department of Community Affairs, page 40, lines 1740 through 1743:
As a part of the budget cuts to FY 1992, an Environmental Protection Division grant program that provided local governments with small loans for emergency water and sewer projects was eliminated. Later, this program was replaced with a state-funded loan program in the Georgia Environmental Facilities Authority (GEFA). This language was added to the appropriation bill at that time to highlight that a "loan" program was replacing a "grant" program. There has been no state funding for the GEFA emergency loan program since the end of FY 1999 and this language is no longer necessary. Therefore, this language (lines 1740 to 1743, page 40) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.

Section 42, pertaining to the Department of Community Affairs, page 41, lines 1756 through 1757:
This language authorizes the Department to provide a total of $72,200 in special support for the Southeast Georgia Regional Development Center from the Contracts object class. This special contract was established in the agency by the Fiscal Affairs subcommittee in June of 2001 and therefore this language is unnecessary. Therefore, this language (lines 1756 to 1757, page 41) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.

Section 51, pertaining to the Department of Natural Resources, pages 88 through 89, lines 3596 through 3604:
Since FY 2000, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources has been used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals has required special authorizing language in each appropriation bill since the initiation of this program. Beginning in FY 2003, the Georgia Building Authority will continue the state employee mass transit subsidy program with non-state funds and this language will no longer be necessary. Therefore, this language (lines 3596 to 3604, pages 88 to 89) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.

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Section 55, pertaining to the Department of Transportation, page 90, lines 3643 through 3647:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 3643 to 3647, page 90) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 55, pertaining to the Department of Transportation, page 90, lines 3652 through 3654:
This language authorizes the Department to use available funding for the right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 3652 to 3654, page 90) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 64, pertaining to Federal Funds, page 93, lines 3745 through 4749:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 3745 to 3749, page 93) in Section 64 is vetoed and has been vetoed previously.
Instructions
As Director of the Budget, I give the following instructions in regard to the FY 2003 budget as passed by the General Assembly in HB 1002:
a). In regard to Medicaid reimbursements for nursing services, effective July 1, 2002, the inflation factor applied to 2001 cost reports for the first two quarters of FY 2003 shall be two times the inflation factor published in October 2001 for the 2003 second quarter moving average for nursing homes.

MONDAY, JANUARY 13, 2003

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b). Pages 93 and 94, Section 65, lines 3765 through 3772, pertaining to Salary Adjustments: The General Assembly provided for a 3.25% funding level for merit increases for Regents "faculty", but specified that for Regents non-academic personnel the actual dollar amount of the increase was "not to exceed an individual, annualized amount of $2,600." Similar language was applied to public librarians funded through the Regents budget.
This language creates significant problems related to the definition of who are faculty and who are non-academic personnel since many college administrators (as well as nonacademic personnel in university public service organizations) also teach classes or conduct research and are considered part of the faculty. Many non-academic positions in the University System are filled with individuals from the faculty, even if they do not teach for the period of their time in that non-faculty position. Many return to teaching after a number of years in administrative positions. Given the overlapping and interconnected nature of the University System's staffing, I do not think it is in the best interest of the state and its premier University System to provide differential raises that treat academic and non-academic personnel differently. If the General Assembly's language is strictly interpreted, the University System would have to totally change its personnel pay system. I do not think that the members of the General Assembly realized the unintended consequences.
This language also confuses the situation with regard to how pay raises for Regents are handled. For K-12 teachers and state employees, the percentage raise (3.25% or 2.25%) is what everyone receives if they meet minimal standards of performance. The pay raise percentage indicated in the appropriations bill for Regents (3.25% this year) is not what everyone in the University System receives and never has been. The percentage is the basis for the state providing funding to Regents to give raises based on their personnel/merit system. For years Regents has provided raises to faculty and non-faculty that ranges from 0% to 10% utilizing their own personnel evaluation and pay system. Nothing in the language indicates that the General Assembly had a total personnel system change in mind when they inserted the language stated in the first paragraph above. Therefore, I trust that the Board of Regents will use its best judgment implementing the funds provided for pay raises within the context and directives of its current personnel evaluation and pay system, bearing in mind the current economic condition in Georgia in so doing.
c). Because of the uncertainty, and timing of our economy, I direct that each department, agency or authority shall withhold the expenditure of the appropriations under this act in the amount of of 1% per quarter. OPB shall review the said withheld funds and may allow their release of said funds or the continued withholding. Each department, agency or authority involved in education shall identify its said withheld funds without reduction for direct instruction of students in any of the various education institutions of the State.

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STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 17, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 696 which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such veto. The bill and corresponding reasons for its veto are attached.
Sincerely,
/s/ Roy E. Barnes

Veto Number 9
House Bill 696 - House Bill 696 would restrict access under the Open Records Act to any information which would reveal the identity of individuals placing calls to 911 emergency numbers in this state. This state has developed open records laws over the years that have guaranteed the public access to information collected by their government in the course of its day-to-day activities, and a compelling case must be made for any exception to that right. In the case of 911 records, no case has been made to date that the existing freedom of access has injured or endangered any user of the system, or resulted in any failure of response. Therefore, in the interest of preserving the right of the public to maintain oversight of its government's operations, I VETO House Bill 696.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 17, 2002

MONDAY, JANUARY 13, 2003

33

The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor:
I have vetoed Senate Bill 59 which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such veto. The bill and corresponding reasons for its veto are attached.
Sincerely,
/s/ Roy E. Barnes
Veto Number 8
SB 59 - Senate Bill 59 would amend subsection (c) of Code Section 32-6-75, governing the spacing and minimum duration of multiple message signs on our state's highways. In the process of amending the minimum spacing provisions of paragraph (1) of that subsection, subparagraph (C), which read "No such sign shall be placed within 5,000 feet of another multiple message sign on the same side of the highway", was amended to read "No such sign shall be placed within 5,000 feet side of the highway, of another multiple message sign on the same side of the highway". It is apparent that whatever the intended effect of the amendment, the attempted change in the provision has rendered its language unintelligible and perhaps meaningless. To avoid confusion and preserve a clear rule of law on this subject, I therefore VETO Senate Bill 59.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 21, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:

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I have vetoed House Bill 587, which passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes

Veto Number 10
HB 587 - House Bill 587 would create the Advisory Committee on Risk Assessment and Cost-Benefit Analysis to establish guidelines and procedures for risk assessment and cost-benefit analysis which may be used by the Board of Natural Resources in the course of promulgation of rules and regulations relating to environmental protection. Upon the establishment of those guidelines and procedures, the Advisory Committee would stand abolished.
The cost for implementation of the types of analysis specified by this measure are unclear, but the Environmental Protection Division of the Department of Natural Resources estimates that if they had subjected the 15 new regulations promulgated last year to the minimum standards proposed, it would have cost the state approximately $1.5 million.
The promulgation and analysis of environmental regulations is already subject to input from a variety of state sources, including the Department of Natural Resources, the Department's Environmental Protection Division, the Board of Natural Resources, and the Environmental Advisory Council. In addition, pursuant to procedures established both by the provisions of Title 12 of the Official Code of Georgia Annotated, governing Conservation and Natural Resources, and by the Georgia Administrative Procedures Act, Chapter 13 of Title 50 of the Code, any interested individual or organization may submit analysis and comment on any proposed regulation in a public proceeding. These existing avenues offer ample opportunity for the consideration of cost-benefit analysis and data in the development of such regulations without imposing additional costs on the Department.
In fact, the Department of Natural Resources routinely engages in cost-benefit analysis of policy options, and there is no reason to think that this practice will not be continued. In addition, I have serious concerns that the language of House Bill 587 may require the adoption of procedures that could possibly interfere with the state's discharge of its

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35

delegated responsibilities under federal clean air and water laws. For these reasons, I VETO House Bill 587.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 21, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 642, which passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes

Veto Number 11
HB 642 - House Bill 642 began its progress through the General Assembly as a laudable effort to update and clarify our laws governing discovery and inspection of evidence in juvenile proceedings. Along the way, an unrelated amendment was added which would shift the cost to the Department of Juvenile Justice of care and support of a child temporarily placed in or committed to the custody of the Department. Currently the cost of such temporary commitment is borne by the child's county of domicile. The estimated cost to the Department for this amendment is in excess of $3.7 million per year and no budgetary provision has been made for such costs. Therefore, with great reluctance on account of the good work which has gone into the discovery proceedings portion of this bill, I VETO House Bill 642 and encourage the General Assembly to reenact it without costly riders.

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STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 22, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 1194, 1234, 1562, and 1685, which were passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reason for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Roy E. Barnes
Veto Number 14
HB 1194 - House Bill 1194 would redraw the districts for the Griffin-Spalding County School System. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1194.
Veto Number 15
HB 1234 - House Bill 1234 would reapportion the Putnam County Board of Education districts. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1234.
Veto Number 16
HB 1562 - House Bill 1562 would amend the amount of time allowed for the removal of an abandoned motor vehicle from certain properties. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1562.

MONDAY, JANUARY 13, 2003

37

Veto Number 17
HB 1685 - House Bill 1685 would reapportion the Crawford County Board of Education districts. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1685.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 22, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 1494, which passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
Veto Number 13
HB 1494 - House Bill 1494 impacts the state employees' health insurance plan in two ways. First, the bill would allow spouses and dependent children of former members of the General Assembly to continue to buy into the state health insurance plan after the member's death. Second, the bill allows the state health insurance plan to contract with any agricultural commodity commission for the provision of health insurance for commission employees or retiring employees and their spouses and dependent children. The commissions would be required to pay the employer's share of the plan cost and collect the employee's share for remission to the plan.
Members of the General Assembly may currently buy into the plan if they have been elected eight or more years. Spouses and families are covered after death for 18 months through the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). The

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"employer's share" of insurance premiums for retired General Assembly members is currently absorbed by the contributions of employers of active employees and the state is only collecting approximately 25% of the cost from the family in the form of premiums. Allowing coverage for spouses and dependent children of retired General Assembly members (living or deceased) would significantly increase the cost to the state.
By allowing unique groups such as an agricultural commodity commission to buy into the state health insurance plan, the composition of the risk pool would be subject to change depending on the needs of the group. For example, if only those with significant health care needs participated at lower than market cost (i.e., their contributions don't cover their cost), it would ultimately increase the cost of the plan and premiums for all participants. Further, the Department of Community Health has noted that continued addition of non-state employees to the state health insurance plan may put the state's Employee Retirement Income Security Act (ERISA) exemption at risk. During the last several legislative sessions the state plan has been given the authority to contract with critical access hospitals and local school boards for coverage of their employees.
Because HB 1494 has an unpredictable and unfunded financial impact on the state and in order to help ensure that the state's health care plan remains on a strong financial basis, I therefore VETO House Bill 1494.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 22, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 1669, which passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes

MONDAY, JANUARY 13, 2003

39

Veto Number 12
HB 1669 - House Bill 1669 would remove the requirement that all grants of state funds from a special project appropriation or from the Governor's Emergency Fund be audited to insure their proper application by the recipient. This bill would permit such grants to be disbursed without an audit where the amount of the grant is under $5000 and the recipient certifies, or a subrecipient certifies by notarized affidavit, that the funds were properly disbursed. The Governor or the Appropriations Committee of either the House of Representatives or the Senate could require an audit notwithstanding the amount of the grant.
Guaranteeing the integrity of the expenditure of the taxpayers' money is perhaps the highest duty of any public official. Sadly, experience teaches us that it is all too often the case that lax controls over public expenditure lead to mistakes, or worse yet, to temptation. Public officers stand as trustees of public money, and as Justice Benjamin Cardozo wisely observed, they should be held to a standard of "not honesty alone, but the punctilio of an honor the most sensitive." It is no answer that the process of obtaining audits is time-consuming, onerous, and expensive. The public expects, and is quite right to expect, no less than the highest standards of accountability. Were this bill to become law, my office would nevertheless require that each and every grant from the Governor's Emergency Fund be audited in the same manner that such grants are audited today. I cannot in good conscience apply a lesser standard to the rest of our state government. Therefore, I VETO House Bill 1669.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m., Tuesday, January 14, 2003.

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Senate Chamber, Atlanta, Georgia Tuesday, January 14, 2003 Second Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hall Hamrick

Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Fort

Seay

Senator Seay was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

TUESDAY, JANUARY 14, 2003

41

Senator Jackson of the 50th introduced the chaplain of the day, Dr. Rudy Patton of Hiawasee, Georgia, who offered scripture reading and prayer.
The following communication from His Excellency, former Governor Roy Barnes, was received by the Secretary:
State of Georgia Office of the Governor Atlanta, Georgia 30334-0900
January 6, 2003
The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Karen I. Duckett of Fulton County, as a member of the Georgia State Board of Architects and Interior Designers for the term of office beginning September 13, 2002, and ending July 1, 2006.
The Honorable Ivenue Love-Stanley of Fulton County, as a member of the Georgia State Board of Architects and Interior Designers for the term of office beginning November 15, 2002, and ending August 9, 2006.
The Honorable E. Camille Puckett of Gwinnett County, as a member of the Georgia State Board of Architects and Interior Designers for the term of office beginning November 15, 2002, and ending July 1, 2007.
The Honorable David W. Renz of Whitfield County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning August 28, 2002, and ending December 8, 2002.
The Honorable Rachel E. Jones of Fulton County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning August 28, 2002, and ending December 8, 2002, and beginning December 8, 2002, and ending December 8, 2004.

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The Honorable Dennis B. Skelley of Columbia County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning August 28, 2002, and ending December 8, 2002, and beginning December 8, 2002, and ending December 8, 2005.
The Honorable Estelle Lee Miller of Muscogee County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning August 28, 2002, and ending December 8, 2003.
The Honorable Susan B. Haberkorn of Thomas County, and the Honorable Woodrow Wilson Leake of DeKalb County, as members of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning December 4, 2002, and ending December 4, 2005.
The Honorable Susan Johnson of Fulton County, the Honorable Justin A. Pressley of Hall County, and the Honorable James K. Rothrock of Douglas County, as members of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning December 8, 2002, and ending December 8, 2004.
The Honorable Raoul M. Ilaw of Cobb County, as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning May 29, 2002, and ending June 30, 2005.
The Honorable Allen K. Arnold of Cobb County, and the Honorable Davis L. Kinney of Dougherty County, as members of the Georgia Board of Chiropractic Examiners for the term of office beginning May 29, 2002, and ending August 20, 2005.
The Honorable Connie D. Singleton of Chatham County, as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning May 29, 2002, and ending August 20, 2006.
The Honorable Samuel J. Sparlin of Fulton County, as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning November 19, 2002, and ending August 20, 2007.
The Honorable Patrick Joseph Sallarulo of Gwinnett County, as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning December 4, 2002, and ending August 20, 2007.
The Honorable Carol A. Jackson of Fulton County, and the Honorable Steven E. Scheer of Chatham County, as members of the Board of Community Affairs for the term of office beginning May 13, 2002, and ending July 1, 2006.

TUESDAY, JANUARY 14, 2003

43

The Honorable W. C. Nelson, Jr., of Union County, as a member of the Board of Community Affairs for the term of office beginning November 19, 2002, and ending July 1, 2007.
The Honorable Linda Ann McGehee of DeKalb County, as a member of the Board of Community Health for the term of office beginning July 23, 2002, and ending July 1, 2003.
The Honorable Billy John Evans of Forsyth County, as a member of the State Construction Industry Licensing Board for the term of office beginning August 30, 2002, and ending June 30, 2003.
The Honorable James M. Davis of DeKalb County, the Honorable Ken W. Hix of Clarke County, and the Honorable Mitzi Delee Smith of Cobb County, as members of the State Construction Industry Licensing Board for the term beginning November 8, 2002, and ending June 30, 2003.
The Honorable Douglas R. Johnson of Cobb County, and the Honorable James Charles Lance, Jr., of Taylor County, as members of the State Construction Industry Licensing Board for the term beginning November 8, 2002, and ending June 30, 2004.
The Honorable Marilyn K. Lively of Forsyth County, as a member of the State Construction Industry Licensing Board for the term beginning December 4, 2002, and ending June 30, 2003.
The Honorable Betty B. Lipshutz of Fulton County, as a member of the Consumer Advisory Board for the term beginning May 17, 2002, and ending July 1, 2003.
The Honorable James A. Palmer of DeKalb County, as a member of the Consumer Advisory Board for the term beginning June 19, 2002, and ending July 1, 2003.
The Honorable Asa Terrell Boynton of Clarke County, the Honorable Charles B. Webster of Richmond County, and the Honorable William H. Whaley of Fulton County, as members of the Board of Corrections for the term beginning November 15, 2002, and ending July 1, 2007.
The Honorable Angela J. Herrington of White County, as a member of the State Board of Cosmetology for the term beginning May 29, 2002, and ending August 9, 2004.
The Honorable Leah Creque of Fulton County, as a member of the State Board of Cosmetology for the term beginning May 29, 2002, and ending May 29, 2005.

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The Honorable Karen D. Thornton of DeKalb County, as a member of the State Board of Cosmetology for the term beginning September 20, 2002, and ending August 9, 2004.
The Honorable Arthur Harris of Fulton County, as a member of the State Board of Cosmetology for the term beginning September 20, 2002, and ending May 1, 2005.
The Honorable Ronaldia Benn of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term beginning May 29, 2002, and ending December 31, 2002.
The Honorable John Williams of Wilkinson County, and the Honorable Martha Opal Chance of Twiggs County, as members of the Board of the Georgia County Leadership Academy for the term of office beginning June 19, 2002, and ending July 1, 2002, and beginning July 1, 2002, and ending June 1, 2006.
The Honorable Clyde H. Andrews, Jr., of Chatham County, as a member of the Georgia Board of Dentistry for the term of office beginning December 4, 2002, and ending August 1, 2007.
The Honorable Judy R. Chismark of Forsyth County, the Honorable Maritza Ortiz Licameli of Cobb County, and the Honorable Jessie G. Wright of Muscogee County, as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning November 15, 2002, and ending June 30, 2003.
The Honorable Frances Hank Cook of Fayette County, the Honorable Marilyn H. Hughes of Fayette County, the Honorable Valerie L. Peters of Laurens County, and the Honorable Judy Ford Stokes of Fulton County, as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning November 15, 2002, and ending June 30, 2005.
The Honorable W. Ray Persons of DeKalb County, as a member of the State Election Board for the term of office beginning May 15, 2002, and ending May 8, 2004.
The Honorable Skelly A. Holmbeck-Pelham of Walton County, and the Honorable Harold K. McGinnis of Cherokee County, as members of the Board of Directors of the Georgia Environmental Training and Education Authority for the term of office beginning October 4, 2002, and serving at the pleasure of the Governor.
The Honorable Patricia D. McCrory of Fulton County, and the Honorable Timothy L. Williams of DeKalb County, as members of the Board of Commissioners of the Commission on Equal Opportunity for the term of office beginning October 22, 2002, and ending September 29, 2003.

TUESDAY, JANUARY 14, 2003

45

The Honorable Jeffrey Alan Felser of Chatham County, the Honorable Lewis E. Hassett of Fulton County, the Honorable Brenda Hodges-Tiller of Dougherty County, the Honorable Arnold L. Martin, III, of Fayette County, the Honorable Robin C. Meyer of Cobb County, and the Honorable Jane P. Nichols of Harris County, as members of the Board of Commissioners of the Commission on Equal Opportunity for the term of office beginning October 22, 2002, and ending September 29, 2005.
The Honorable Pamela James Doumar of Columbia County, as a member of the State Ethics Commission for the term of office beginning April 10, 2002, and ending March 2, 2006.
The Honorable Michael H. Buice of Gwinnett County, and the Honorable Antonio D. Webb of Fulton County, as members of the Board of Trustees of the Georgia Firefighters' Pension Fund for the term of office beginning July 23, 2002, and ending June 30, 2006.
The Honorable Johnnie B. Hall of Laurens County, and the Honorable William M. Oettmeier, Jr., of Clinch County, as members of the State Forestry Commission for the term of office beginning August 13, 2002, and ending July 1, 2009.
The Honorable Yvonne King Gloster of Fulton County, as a member of the State Board of Funeral Service for the term of office beginning July 19, 2002, and ending May 1, 2008.
The Honorable Margaret L. Adams of Cobb County, the Honorable Karl Webster Barnes of Fulton County, the Honorable Shirley Green-Reese of Sumter County, the Honorable Horace Lee Hudgins of Irwin County, the Honorable Dixie Hudson of Irwin County, the Honorable Michael L. Rollins of Bulloch County, and the Honorable Jane Russell of Clarke County, as members of the Georgia State Games Commission for the term of office beginning December 5, 2002, and ending December 31, 2005.
The Honorable Seth E. Rose of DeKalb County, as a member of the State Board of Registration for Professional Geologists for the term of office beginning September 26, 2002, and ending November 24, 2004.
The Honorable Madeleine Foley Kellam of Fulton County, as a member of the State Board of Registration for Professional Geologists for the term of office beginning September 26, 2002, and ending November 24, 2006.
The Honorable James G. Peak of Decatur County, as a member of the Health Strategies Council for the term of office beginning February 15, 2002, and ending July 1, 2005.

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The Honorable Susan S. Whittle of Decatur County, as a member of the State Board for the Certification of Librarians for the term of office beginning September 26, 2002, and ending January 1, 2004.
The Honorable Bennie Butler-Newroth of Muscogee County, as a member of the State Board for the Certification of Librarians for the term of office beginning September 26, 2002, and ending December 31, 2004.
The Honorable Charles E. Beard of Carroll County, as a member of the State Board for the Certification of Librarians, for the term of office beginning September 26, 2002, and ending January 1, 2005.
The Honorable Mary Lee Davis of DeKalb County, as a member of the State Board for the Certification of Librarians for the term of office beginning September 26, 2002, and ending December 31, 2005.
The Honorable Mary T. Larsen of DeKalb County, as a member of the State Board for the Certification of Librarians for the term of office beginning December 31, 2002, and ending December 31, 2007.
The Honorable Cecil M. Phillips of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning May 13, 2002, and ending December 5, 2006.
The Honorable J. Veronica Biggins of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning May 13, 2002, and ending December 15, 2006.
The Honorable Dorothy Yates Kirkley of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning May 13, 2002, and ending December 15, 2002, and beginning December 15, 2002, and ending December 15, 2007.
The Honorable Joseph L. Joyave of Gordon County, the Honorable Frances L. Owen of Glynn County, the Honorable Nancy McDonald Paris of DeKalb County, and the Honorable Deborah M. Whitley of Gwinnett County, as members of the Council on Maternal and Infant Health to serve a term of office beginning August 23, 2002, and ending July 1, 2006.
The Honorable Michael J. Egan of Fulton County, and the Honorable Robert L. Moultrie, Sr., of Cobb County, as members of the Metropolitan North Georgia Water Planning District Governing Board for the term of office beginning July 1, 2002, and ending June 29, 2005.

TUESDAY, JANUARY 14, 2003

47

The Honorable William J. Goldin of Dawson County, the Honorable David Bradley Johnson of Cobb County, the Honorable Edward J. Tarver of Richmond County, the Honorable Regina Thomas of Chatham County, and the Honorable Jan L. Youtie of DeKalb County, as members of the Natural Gas Consumer Education Advisory Board to serve a term of office beginning November 15, 2002, and serving at the pleasure of the Governor.
The Honorable Pierre Howard of Fulton County, as a member of the Board of Natural Resources for the term of office beginning November 15, 2002, and ending March 16, 2009.
The Honorable Martha Grosele McGill of Forsyth County, as a member of the Georgia Board of Nursing for the term of office beginning May 8, 2002, and ending September 23, 2004.
The Honorable Karen Kennickell Coolidge of Chatham County, as a member of the Georgia Board of Nursing for the term of office beginning May 8, 2002, and ending December 31, 2004.
The Honorable Richard E. Fallaw, Sr., of Crisp County, the Honorable Adrienne D. Mims of Fulton County, the Honorable Purna C. Mohanty of Columbia County, and the Honorable Sheila N. Weddon of Burke County, as members of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending December 29, 2003.
The Honorable Donna McCourry King of Worth County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending June 4, 2004.
The Honorable Henry B. Neill of Spalding County, and the Honorable William Michael Newsome of Bibb County, as members of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending October 26, 2004.
The Honorable Joseph E. Rigdon of Wayne County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending October 29, 2004.
The Honorable Laura L. LaFleur of Clarke County, as a member of the State Board of Nursing Home Administrators for the term of office beginning July 1, 2002, and ending December 29, 2003.

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The Honorable Edward Stelling Nelson II of Jones County, the Honorable Betty Brown Williamson of Clarke County, and the Honorable Penelope W. Wise of Spalding County, as members of the State Board of Nursing Home Administrators for the term of office beginning August 23, 2002, and ending June 4, 2005.
The Honorable Diane E. Phillips of Bibb County, as a member of the State Board of Occupational Therapy for the term of office beginning December 4, 2002, and ending December 31, 2003.
The Honorable Wenda Goodman of Henry County, and the Honorable Marilyn Tara Glasscock Thrasher of Chatham County, as members of the State Board of Occupational Therapy for the term beginning December 4, 2002, and ending December 31, 2005.
The Honorable Gayle M. Lindsay of DeKalb County, and the Honorable Robin T. Underwood of DeKalb County, as members of the State Board of Occupational Therapy for the term of office beginning December 4, 2002, and ending December 31, 2002, and beginning December 31, 2002, and ending December 31, 2006.
The Honorable Thomas Blair, Jr., of DeKalb County, Georgia, as a member of the State Board of Dispensing Opticians for the term of office beginning May 22, 2002, and ending March 16, 2003.
The Honorable Lurue L. Lord of Bulloch County, and the Honorable Joseph John Reed of Hall County, as members of the State Board of Dispensing Opticians for the term beginning May 22, 2002, and ending March 16, 2004.
The Honorable Cathy Lynn Dixon of Putnam County, as a member of the State Board of Dispensing Opticians for the term of office beginning May 22, 2002, and ending March 16, 2005.
The Honorable Addison Bailey McRee of Bibb County, as a member of the State Board of Dispensing Opticians for the term of office beginning May 22, 2002, and ending March 16, 2006.
The Honorable John A. Helms of Fulton County, as a member of the State Board of Dispensing Opticians for the term of office beginning May 22, 2002, and ending May 1, 2006.
The Honorable Milton E. Nix, Jr., of Rockdale County, as a member of the State Board of Pardons and Paroles for the term of office beginning June 13, 2002, and ending December 31, 2002, and beginning December 31, 2002, and ending December 31, 2009.

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49

The Honorable John Michael Light of Gwinnett County, as a member of the State Board of Pardons and Paroles for the term of office beginning July 3, 2002, and ending December 31, 2004.
The Honorable Amy Totenberg of DeKalb County, as a member of the State Personnel Board for the term of office beginning June 19, 2002, and ending January 3, 2006.
The Honorable William L. Prather of Fannin County, as a member of the State Board of Pharmacy for the term of office beginning December 4, 2002, and ending July 1, 2007.
The Honorable Stuart Michael Tuck of Fulton County, as a member of the State Board of Podiatry Examiners for the term beginning November 15, 2002, and ending May 5, 2005.
The Honorable Jerry Switz of Cobb County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning June 19, 2002, and ending July 1, 2003.
The Honorable Vicky G. Bosma of Gwinnett County, and the Honorable Franklin Eugene Staulcup, Jr., of Richmond County, as members of the Georgia Board of Private Detective and Security Agencies for the term beginning June 19, 2002, and ending July 1, 2004.
The Honorable Elizabeth S. Hines of Washington County, and the Honorable Robert C. Sampson of Cobb County, as members of the Georgia Board of Private Detective and Security Agencies for the term of office beginning June 19, 2002, and ending July 1, 2005.
The Honorable Glade R. Johnson of Cobb County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning September 13, 2002, and ending July 1, 2003.
The Honorable Vernon M. Keenan of Cherokee County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning September 13, 2002, and ending July 1, 2005.
The Honorable Pamela S. Hertzog of Lowndes County, the Honorable Sylvia C. Hooker of Fulton County, the Honorable Frances Elizabeth Kidd of Clarke County, the Honorable Pamela S. Nutt of Henry County, and the Honorable Deborah Smith Pass of Coweta County, as members of the Professional Standards Commission for the term of office beginning July 1, 2002, and ending July 1, 2005.

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The Honorable Joseph P. Cadray, Jr., of Gwinnett County, as a member of the Professional Standards Commission for the term of office beginning September 26, 2002, and ending July 1, 2005.
The Honorable Willda Cannon Melton of White County, and the Honorable William Scott Schofield of Walton County, as members of the Georgia Public School Personnel Indemnification Commission for the term of office beginning May 22, 2002, and serving at the pleasure of the Governor.
The Honorable Charles Jensen Rainey of Dodge County, as a member of the Georgia Seed Development Commission for the term of office beginning August 30, 2002, and serving at the pleasure of the Governor.
The Honorable Sabrina M. Green of Cobb County, the Honorable Ralph M. Meers of Paulding County, the Honorable Doris Duvall Ogelsby of Clayton County, the Honorable Howard T. Pendleton of Muscogee County, the Honorable Gwendolyn G. Rolfes of Bibb County, and the Honorable Kenneth L. Samuel of DeKalb County, as members of the Georgia Commission for Service and Volunteerism for the term of office beginning August 13, 2002, and ending June 1, 2003.
The Honorable Aimee K. Cox of Clayton County, the Honorable Marilyn Grau of Richmond County, the Honorable Richard A. Grover of DeKalb County, the Honorable Rhunett R. Lindsey of Fulton County, the Honorable James A. Milner, Sr., of Fulton County, and the Phillippa Lewis Moss of Gwinnett County, as members of the Georgia Commission for Service and Volunteerism for the term of office beginning August 13, 2002, and ending June 1, 2004.
The Honorable Sally M. Hairston of Dougherty County, the Honorable Jean M. Kutner of Fulton County, the Honorable Lovell O. Lemons of DeKalb County, the Honorable Grace E. McCray of Lowndes County, the Honorable Janice C. McKenzie-Crayton of Fulton County, and the Honorable Winfred E. Owens of Clarke County, as members of the Georgia Commission for Service and Volunteerism for the term of office beginning August 13, 2002, and ending June 1, 2005.
The Honorable Robert S. Boney of Lee County, and the Honorable Margaret Ann Parker of Forsyth County, as members of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning December 4, 2002, and ending July 1, 2005.
The Honorable Kathy B. Ashe of Fulton County, as a member of the Board of Control for Southern Regional Education for the term of office beginning July 9, 2002, and ending June 30, 2006.

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The Honorable Dorothy Mable Brown of Pickens County, as a member of the State Soil and Water Conservation Commission for the term of office beginning May 29, 2002, and ending January 1, 2003.
The Honorable Barbarianne Gaulding-Russell of Madison County, as a member of the State Soil and Water Conservation Commission for the term of office beginning May 29, 2002, and ending January 1, 2004.
The Honorable Roy J. Chappell of Laurens County, as a member of the State Soil and Water Conservation Commission for the term of office beginning May 29, 2002, and ending January 1, 2005.
The Honorable John L. Leach, III, of Lee County, as a member of the State Soil and Water Conservation Commission for the term of office beginning May 29, 2002, and ending January 1, 2006.
The Honorable Garland Thompson of Coffee County, as a member of the State Soil and Water Conservation Commission for the term of office beginning May 29, 2002, and ending January 1, 2007.
The Honorable Paula Hinson Gerhardt of Bibb County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning the July 1, 2002, and ending June 30, 2005.
The Honorable Carolyn H. Byrd of Fulton County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term beginning July 1, 2002, and ending July 1, 2005.
The Honorable James C. Harrington, Jr., of Forsyth County, and the Honorable Edgar L. Rhodes of Haralson County, as members of the State Board of Technical and Adult Education for the term of office beginning November 15, 2002, and ending June 30, 2007.
The Honorable George L. Bowen, III, of DeKalb County, the Honorable Patricia C. Oettmeier of Clinch County, and the Honorable Ben J. Tarbutton, Jr., of Washington County, as members of the State Board of Technical and Adult Education for the term of office beginning November 20, 2002, and ending June 30, 2005.
The Honorable James Troy Chafin, III, of Henry County, and the Honorable Delma De La Fuente of Fulton County, as members of the State Board of Technical and Adult Education for the term of office beginning November 20, 2002, and ending June 30, 2007.

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The Honorable Verna Jennings Cleveland of Fulton County, and the Honorable Cheryl S. Moultrie of Cobb County, as members of the Georgia Public Telecommunications Commission for the term of office beginning June 19, 2002, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2006.
The Honorable U. Bertram Ellis, Jr., of Fulton County, and the Honorable Thomas Rogers Wade of Fulton County, as members of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2004.
The Honorable Richard W. Harrell of Fulton County, and the Honorable Linda J. Jordan of Fulton County, as members of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2005.
The Honorable Donald Kimbrough King, Sr., of Cobb County, and the Honorable Kay G. Olin of Fulton County, as members of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2006.
The Honorable Calvin C. Dudley of Franklin County, as a member of the Veterans Service Board for the term of office beginning April 25, 2002, and ending April 1, 2009.
The Honorable James M. Blaylock of DeKalb County, as a member of Veterans Service Board for the term of office beginning May 22, 2002, and ending April 1, 2004.
The Honorable Marian Angela Shurling Bushway of Bibb County, as a member of the State Board of Veterinary Medicine for the term of office beginning August 13, 2002, and ending September 16, 2003.
The Honorable C. Gary Bullard of Cobb County, as a member of the State Board of Veterinary Medicine for the term of office beginning August 13, 2002, and ending September 16, 2004.
The Honorable Yasemin N. Packtor of Fulton County, as a member of the State Board of Veterinary Medicine for the term of office beginning August 13, 2002, and ending June 30, 2005.
The Honorable Robert Flynn Nance of Rockdale County, as a member of the State Board of Veterinary Medicine for the term of office beginning August 13, 2002, and ending September 16, 2005.
The Honorable Jan Egins of Cobb County, as a member of the State Board of Veterinary Medicine for the term of office beginning August 13, 2002, and ending September 16, 2006.

TUESDAY, JANUARY 14, 2003

53

The Honorable Dawn Washington of Henry County, and the Honorable Ellen Davis Williams of DeKalb County, as members of the State Commission on Family Violence for the term of office beginning July 23, 2002, and ending July 1, 2004.
The Honorable Robert Lee Tant, Sr., of Muscogee County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts for the term of office beginning October 8, 2002, and ending August 17, 2006.
The Honorable Harry J. Jue of Chatham County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts for the term of office beginning November 8, 2002, and ending August 17, 2005.
The Honorable Julie M. Baxley of Catoosa County, the Honorable Patricia R. Carlson of Fulton County, the Honorable Mattie H. Eley of DeKalb County, the Honorable Natalie Alwan Jayroe of Chatham County, the Honorable John Brian Johnstone of Cobb County, the Honorable Jane E. Jordan of DeKalb County, the Honorable Candy J. Knowles of Dougherty County, the Honorable Melinda S. Lemmon of Catoosa County, the Honorable Rosalind P. Oquendo of DeKalb County, the Honorable Billy R. Smith of Bleckley County, the Honorable James A. Thompson of Tombs County, and the Honorable Cathleen J. Vaughn of Muscogee County, as members of the Workforce Investment Board for the term of office beginning October 22, 2002, and serving at the pleasure of the Governor.
The Honorable Gary B. Newman of Troup County, as a member of the Workforce Investment Board for the term of office beginning December 4, 2002, and serving at the pleasure of the Governor.
The Honorable Joseph Thomas Vance of Carroll County, as a member of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority, for the term of office beginning May 13, 2002, and ending July 1, 2005.
The Honorable William C. Archer, III, of DeKalb County, the Honorable Glenn E. Hicks, III, of Gwinnett County, and the Honorable Stephen R. Leeds of Fulton County, as members of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning November 15, 2002, and ending July 1, 2005.
The Honorable R. Elliott Caudell of Stephens County, the Honorable Mark H. Cohen of Fulton County, the Honorable Lewis J. Cooper of Barrow County, and the Honorable David M. Franklin of Fulton County, as members of the Board of Governors of the Geo.

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L. Smith II Georgia World Congress Center Authority for the term of office beginning November 15, 2002, and ending July 1, 2006.

Sincerely, /s/ Roy E. Barnes The President announced that pursuant to Senate Rule 218, Subsection (a), the appointments would be transmitted to the Committee on Assignments.
The following resolutions were read and adopted:
SR 7. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Steven Phillip Baldowski; and for other purposes.
SR 8. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Robert Neal Baldowski, Jr.; and for other purposes.
SR 9. By Senator Moody of the 27th:
A RESOLUTION commending Brent Carroll; and for other purposes.
SR 10. By Senator Moody of the 27th:
A RESOLUTION commending Alexander Johnston; and for other purposes.
SR 11. By Senator Seabaugh of the 28th:
A RESOLUTION commending Lorraine A. Johnson; and for other purposes.
Senator Thomas of the 54th introduced the doctor of the day, Dr. William McDaniel.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the House:

TUESDAY, JANUARY 14, 2003

55

HR 12.

By Representatives Coleman of the 118th, Skipper of the 116th, Westmoreland of the 86th, Richardson of the 26th, Porter of the 119th and others:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.

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

Representatives Richardson of the 26th, Westmoreland of the 86th, O'Neal of the 117th, James of the 114th, Marin of the 66th, and Stephenson of the 60th.

The following resolution was read and put upon its adoption:

HR 12. By Representatives Coleman of the 118th, Skipper of the 116th, Westmoreland of the 86th, Richardson of the 26th, Porter of the 119th and others:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman

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Y Golden Y Hall Y Hamrick

Y Price Y Reed Y Seabaugh

Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 56, nays 0, and the resolution was adopted.

The President appointed as an Escort Committee on the part of the Senate the following Senators: Johnson of the 1st, Meyer von Bremen of the 12th, Gillis of the 20th, Brown of the 26th, Lee of the 29th, Stephens of the 51st and Price of the 56th.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., Wednesday, January 15, 2003.

The motion prevailed, and the President announced the Senate adjourned at 10:50 a.m.

WEDNESDAY, JANUARY 15, 2003

57

Senate Chamber, Atlanta, Georgia Wednesday, January 15, 2003 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 2. By Senators Stephens of the 51st and Price of the 56th:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SB 6. By Senators Crotts of the 17th, Mullis of the 53rd and Brush of the 24th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to the uniform rules of the road, so as to provide that between the hours of sunset and sunrise, the driver and passengers in a motor vehicle stopped by a law enforcement officer shall remain in the vehicle; to provide that the driver of such vehicle shall turn the vehicle off and turn the interior lights on; to provide for a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 7. By Senators Jackson of the 50th, Mullis of the 53rd, Butler of the 55th, Starr of the 44th and Gillis of the 20th:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensure and regulation of air ambulance services; to provide for definitions; to exempt air ambulances and air ambulance services from a certain program; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 8. By Senators Shafer of the 48th, Cagle of the 49th, Lamutt of the 21st, Seabaugh of the 28th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

SR 6. By Senators Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION designating the Earl T. Shinholster Interchange and Bridge; and for other purposes.
Referred to the Transportation Committee.

SR 12. By Senators Shafer of the 48th, Cagle of the 49th, Lamutt of the 21st, Balfour of the 9th, Tanksley of the 32nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that no law providing for or increasing any state purpose tax shall become effective unless approved by a two-thirds majority of each branch of the

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General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Finance Committee.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall Hamrick

Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Seabaugh

Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Blitch

Reed

Thompson (Excused)

The following members were off the floor of the Senate when the roll was called and wished to be recorded as present:

Senators:

Blitch

Reed

The members pledged allegiance to the flag.

Senator Tate of the 38th introduced the chaplain of the day, Reverend Dr. Lloyd Green of Atlanta, who offered scripture reading and prayer.

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The President introduced the doctor of the day, Dr. Joy Maxey.

The following resolution was read and adopted:

SR 11. By Senator Seabaugh of the 28th:

A RESOLUTION commending Lorraine A. Johnson; and for other purposes.

Senator Seabaugh of the 28th introduced 2003 Georgia Teacher of the Year, Lorraine A. Johnson.

Mrs. Johnson addressed the Senate briefly.

The President Pro Tempore announced the appointment of the following Standing Committees for the 2003-2004 Term:

AGRICULTURE AND CONSUMER AFFAIRS

Chairman - Bulloch, 11th Vice Chairman - Hudgens, 47th
Secretary - Kemp, B., 46th

Henson, 41st Seay, 34th Smith, F., 25th

Unterman, 45th Williams, 19th Ex-Officio

APPROPRIATIONS

Chairman - Hill, 4th Vice Chairman -Williams, 19th
Secretary - Johnson, 1st

Balfour, 9th Blitch, 7th Bowen, 13th Brush, 24th Cagle, 49th Cheeks, 23rd Clay, 37th Collins, 6th Crotts, 17th Gillis, 20th

Kemp, B., 46th Lamutt, 21st Lee, 29th Meyer von Bremen, 12th Mullis, 53rd Price, 56th Seabaugh, 28th Starr, 44th Tate, 38th Thomas, D., 54th

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Golden, 8th Hall, 22nd Hooks, 14th

Thomas, N., 10th Thomas, R., 2nd Thompson, 33rd

BANKING AND FINANCIAL INSTITUTIONS

Chairman - Cheeks, 23rd Vice Chairman - Stephens, 51st
Secretary - Shafer, 48th

Crotts, 17th Harbison, 15th Hudgens, 47th Jackson, 50th

Stokes, 43rd Thompson, 33rd Williams, 19th - Ex-Officio

CHILDREN AND YOUTH

Chairman - Collins, 6th Vice Chairman - Brush, 24th
Secretary - Tate, 38th

Fort, 39th Smith, P., 52nd

Lamutt, 21st - Ex-Officio

ECONOMIC DEVELOPMENT AND TOURISM

Chairman - Mullis, 53rd Vice Chairman - Price, 56th
Secretary - Butler, 55th

Blitch, 7th Gillis, 20th Smith, P., 52nd Stephens, 51st

Tolleson, 18th Zamarripa, 36th Hill, 4th - Ex-Officio Johnson, 1st - Ex-Officio

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EDUCATION

Chairman - Brush, 24th Vice Chairman - Clay, 37th Secretary - Thomas, D., 54th

Balfour, 9th Levetan, 40th Moody, 27th Smith, F., 25th Starr, 44th

Thomas, R., 2nd Hamrick, 30th - Ex-Officio Johnson, 1st - Ex Officio Price, 56th - Ex-Officio

ETHICS

Chairman - Crotts, 17th Vice Chairman - Smith, P., 52nd Secretary - Meyer von Bremen, 12th

Brown, 26th Clay, 37th Hall, 22nd Hamrick, 30th Hill, 4th

Levetan, 40th Price, 56th Starr, 44th Thomas, D., 54th

FINANCE

Chairman -Cagle, 49th Vice Chairman - Cheeks, 23rd
Secretary -Tanksley, 32nd

Gillis, 20th Johnson, 1st Lamutt, 21st Starr, 44th

Thompson, 33rd Williams, 19th Balfour, 9th Ex-Officio

HEALTH AND HUMAN SERVICES
Chairman - Thomas, D., 54th Vice Chairman - Unterman, 45th
Secretary - Smith, P., 52nd

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Adelman, 42nd Balfour, 9th Butler, 55th Hamrick, 30th

Price, 56th Smith, F., 25th Stokes, 43rd Stephens, 51st - Ex-Officio

HIGHER EDUCATION

Chairman - Hamrick, 30th Vice Chairman - Harp, 16th Secretary - Kemp, B., 46th

Golden, 8th Hall, 22nd Reed, 35th

Squires, 5th Lamutt, 21st - Ex-Officio

INSURANCE AND LABOR

Chairman - Lamutt, 21st Vice Chairman - Shafer, 48th
Secretary - Moody, 27th

Brown, 26th Crotts, 17th Golden, 8th Harbison, 15th Harp, 16th Stephens, 51st

Stokes, 43rd Zamarripa, 36th Balfour, 9th - Ex-Officio Price, 56th - Ex-Officio Seabaugh, 28th - Ex-Officio

INTERSTATE COOPERATION

Chairman - Harbison, 15th Vice Chairman - Golden, 8th
Secretary - Smith, F., 25th

Jackson, 50th

Thomas, N., 10th

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JUDICIARY

Chairman - Tanksley, 32nd Vice Chairman - Lee, 29th
Secretary - Hall, 22nd

Adelman, 42nd Clay, 37th Hamrick, 30th Harp, 16th

Kemp, R., 3rd Reed, 35th Smith, F., 25th Smith, P., 52nd

NATURAL RESOURCES AND THE ENVIRONMENT

Chairman - Gillis, 20th Vice Chairman - Cagle, 49th
Secretary - Bulloch, 11th

Bowen, 13th Hill, 4th Hooks, 14th Hudgens, 47th Jackson, 50th Kemp, B., 46th

Kemp, R., 3rd Lee, 29th Meyer von Bremen, 12th Starr, 44th Johnson, 1st - Ex-Officio

PUBLIC SAFETY AND HOMELAND SECURITY

Chairman - Bowen, 13th Vice Chairman - Lee, 29th
Secretary - Mullis, 53rd

Butler, 55th Dean, 31st Seay, 34th

Tolleson, 18th Seabaugh, 28th - Ex-Officio

REAPPORTIONMENT AND REDISTRICTING
Chairman - Lee, 29th Vice Chairman - Tanksley, 32nd
Secretary - Price, 56th

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65

Balfour, 9th Blitch, 7th Bowen, 13th Brown, 26th Bulloch, 11th Cheeks, 23rd Collins, 6th Crotts, 17th Gillis, 20th Harbison, 15th

Hill, 4th Hooks, 14th Hudgens, 47th Johnson, 1st Kemp, B., 46th Moody, 27th Shafer, 48th Stephens, 51st Thomas, R., 2nd Tolleson, 18th Williams, 19th

REGULATED INDUSTRIES AND UTILITIES

Chairman - Seabaugh, 28th Vice Chairman - Johnson, 1st
Secretary - Shafer, 48th

Bowen, 13th Butler, 55th Harbison, 15th Hill, 4th

Tanksley, 32nd Thomas, N., 10th Thomas, R., 2nd Williams, 19th

RETIREMENT

Chairman - Hudgens, 47th Vice Chairman - Seabaugh, 28th
Secretary - Fort, 39th

Bulloch, 11th Reed, 35th Tate, 38th

Tolleson, 18th Stephens, 51st - Ex-Officio

RULES

Chairman - Balfour, 9th Vice Chairman - Cagle, 49th
Secretary - Price, 56th

Blitch, 7th

Seabaugh, 28th

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Dean, 31st Hamrick, 30th Hill, 4th Johnson, 1st Kemp, R., 3rd Meyer von Bremen, 12th

Stephens, 51st Thomas, D., 54th Thomas, N., 10th Lamutt, 21st Ex-Officio Lee, 29th Ex-Officio

SCIENCE AND TECHNOLOGY

Chairman - Shafer, 48th Vice Chairman - Lamutt, 21st Secretary - Unterman - 45th

Brown, 26th Golden, 8th Hall, 22nd

Hooks, 14th Moody, 27th

SPECIAL JUDICIARY

Chairman - Kemp, R., 3rd Vice Chairman - Meyer von Bremen, 12th
Secretary - Jackson, 50th

Adelman, 42nd Fort, 39th Henson, 41st Levetan, 40th

Squires, 5th Stokes, 43rd Zamarripa, 36th

STATE AND LOCAL GOVERNMENTAL OPERATIONS

Chairman - Unterman, 45th Vice Chairman - Mullis, 53rd Secretary - Thomas, N., 10th

Bulloch, 11th Clay, 37th Reed, 35th

Tate, 38th Seabaugh, 28th - Ex-Officio

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STATE INSTITUTIONS AND PROPERTY

Chairman - Thomas, R., 2nd Vice Chairman - Blitch, 7th
Secretary - Brown, 26th

Adelman, 42nd Dean, 31st Fort, 39th Henson, 41st Hooks, 14th

Jackson, 50th Levetan, 40th Seay, 34th Squires, 5th Zamarripa, 36th

TRANSPORTATION

Chairman - Williams, 19th Vice Chairman - Crotts, 17th
Secretary - Cheeks, 23rd

Brush, 24th Collins, 6th Dean, 31st Levetan, 40th

Seay, 34th Tanksley, 32nd Thompson, 33rd

VETERANS AND MILITARY AFFAIRS

Chairman - Harp, 16th Vice Chairman - Tolleson, 18th
Secretary - Harbison, 15th

Brown, 26th Collins, 6th Henson, 41st

Moody, 27th Squires, 5th Williams, 19th

The following communications were received by the Secretary:

Senator Eric Johnson 321 State Capitol Atlanta, GA 30334

The State Senate Atlanta, Georgia 30334
January 15, 2003

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Dear Eric:

First, let me express my thanks for considering me as a committee chairman. I appreciate being offered this opportunity of service.

Since my duties as Chairman of the Legislative Black Caucus are much more involved than I at first thought, I respectfully regret that I feel I must decline this chairmanship.

Thanks again for your vote of confidence in me, and I look forward to working with you in other areas.
Sincerely,

/s/ Ed Harbison Senator, 15th District

The State Senate Atlanta, Georgia 30334

The Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

January 15, 2003

Dear Mr. Secretary:

I was excused from this morning's session due to illness, but I arrived at the Capitol during the Governor's Budget address.

Please see that the Journal reflects this note concerning my presence.

Sincerely,

/s/ Steve Thompson

Senator Price of the 56th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m., Thursday, January 16, 2003 and the President announced the motion prevailed at 11:10 a.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the President

WEDNESDAY, JANUARY 15, 2003

69

of the Senate. HR 12, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Coleman, Members of the General Assembly.
I appreciate the invitation to address you today and to present my budget recommendations.
We met on Monday to celebrate one of the basic rituals of free government--the people's elected leaders taking our oaths of office in an orderly transfer of power.
We meet today to do the hard work of free government and fulfill one of our basic responsibilities as leaders--the allocation of public resources for the public good.
How we spend our money tells a lot about us.
Show me your checkbook register and I can find out pretty quickly what your values are and what is important to you.
Are you a saver or do you live above your means?
Do you hunt for bargains or pay top dollar? Do you pay your bills on time?
When money is tight, where do you cut back and what can you not do without?
Where your money goes paints a picture of what kind of person you are--and that is just as true for state government as it is for individuals. What kind of state is Georgia? We're going to answer that question together during this legislative session.
The budget we adopt will tell that story.
These are tough times. Our state, along with the nation, has been struck by recession. Thousands of Georgians have lost their jobs. Our state revenues have fallen short of projections. And the light at the end of the tunnel isn't yet clear.
The surpluses we enjoyed in recent years aren't there anymore. Tough choices we could put off before have to be made now. Decisions we deferred until another day--that day has come.

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This will not be a painless budget. This will not be an easy process. We're going to make trade-offs we don't want to make. We'll have to do some things we'd rather not do.
We're going to feel some tremendous heat and pressure, all of us, from our constituents, as we tackle this job.
But we'll hunker down and we'll get it done, together. Because that's what the people of Georgia hired us to do and we will be good stewards of their trust.
As you all know, I put in for a promotion last year. And I got word on November 5 that it had been approved.
Before that week was out, I sat down for the first of what would be over 150 hours of budget briefings.
I met with almost every department of state government and reviewed their plans, their programs, and--as much as possible in the limited time we had--their performance.
As these meetings took place, the extent of our revenue shortfall for fiscal 2003 was becoming clear. Revenues have declined in all but three of the last 18 months, leading to a $620 million downward adjustment to state spending.
It was clear to me that the state needs to go on a diet, and fast.
State revenues were already declining when the General Assembly adopted the fiscal 2003 budget last spring. That budget included 5% cuts to department budgets across the board. After the start of the fiscal year, an additional 5% cut was required.
Agencies were instructed to find these cuts in their 2003 budgets. I accepted most of their recommendations for cuts, which are incorporated into the amended FY 2003 budget recommendation, for a savings of $459 million.
These cuts will be maintained in the FY 2004 budget, saving $721 million, along with an additional 1% austerity cut affecting all departments, exempting education direct instruction, to save an additional $42 million.
With these cuts, we have pared significant savings out of the state budget. We have done so responsibly, without jeopardizing vital functions and without eliminating current jobs.
I wish I could tell you these recommended cuts alone will produce a balanced budget. But they will not.

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What can we not do without, even when times are lean? I have recommended minimal enhancements in these budgets, in line with our core principles.
One of those principles is the importance of education.
Georgia is a state that understands investment in education is the cornerstone of economic development and our future quality of life.
We cannot afford to shortchange the children of our state or those who seek a higher education. We cannot expect our economy to grow stronger if we do not invest in producing educated minds.
That is why reductions to the QBE formula and to formulas for the University System and Technical and Adult Education are 3% less than the reductions to most agencies.
I am recommending $131 million in the amended 2003 budget to fully fund the mid-year adjustment to the QBE formula for enrollment growth and $193 million for QBE formula grants in FY 2004.
I am also recommending $1.1 million for additional funds to provide the 10% salary supplement for the 380 teachers who achieved National Board Certification in 2002, and $2.3 million in FY2004 to fund the supplement for our total of over 800 National Board Certified teachers in Georgia.
The fiscal 2004 recommendation includes $186 million in bonds for school construction and $250 million for Georgia's voluntary Pre-Kindergarten Program, which is a model for the nation.
In higher education, we will continue support of the HOPE Scholarship program by providing $373 million for tuition and other expenses for eligible students in fiscal 2003.
For FY2004, lottery funds are preserved for the HOPE Scholarship and Pre-Kindergarten program and I propose $57 million to provide for an increase in the number of students eligible for the HOPE Scholarship and $5.5 to increase the Pre-Kindergarten program.
We will also provide $81 million in university system formula funding to reflect increased enrollment and $28 million in bonds for major capital outlay projects on our university campuses.
In total, 55% of my recommended FY 2004 budget--$8.8 billion dollars--goes to education. That tells the story of how we value education in Georgia.

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But Georgia is also a state that believes in family and children and meeting the most basic human needs of our citizens.
We have a moral obligation to ensure the safety of our children in state custody.
My budget recommendation includes $5.8 million to add 125 new Child Protective Services positions. I propose $9.9 million in additional state funds to convert to a Level of Care placement system for children currently in the CPS system.
For children in foster care, I am recommending $579,000 to double the annual clothing allowance for each child--the first increase since 1975--and another $825,000 to identify and recruit new foster and adoptive parents.
For fiscal 2003, I am recommending $9.4 million to provide additional funds for Specialized Foster Care services.
And $2.9 million to support the closure of the Fulton and DeKalb County emergency shelters for children and adolescents and to seek alternate placements and services for those housed there.
We care for our children. Georgia is also a state that cares for the health of its citizens.
Healthcare costs in Georgia and to state government continue to rise year after year, particularly in Medicaid. The FY 2004 recommendation for the state's portion of Medicaid is $1.7 billion.
Medicaid is a large and growing part of our health services budget. But we will be making other investments to improve the health of Georgians.
To fight the scourge of cancer, I propose $8.6 million to continue construction of the Cancer Research Center at the Medical College of Georgia. An additional $36.6 million in private and federal funds will go to this project, making this a wise use of the state's investment.
We will also continue to work toward full implementation of the Olmstead decision of the United States Supreme Court regarding services for the disabled. I recommend $11.2 million to facilitate those moving from institutions to community-based settings.
I propose $2.3 million to accommodate those waiting for community-based services.
$3.2 million to provide community-based residential care for those citizens currently in nursing homes who are medically able and wish to live in the community and $5.6 to identify, assess, and transition persons from state institutions to the community.

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What else can we say about Georgia? We are a state eager for prosperity and optimistic about our prospects for economic growth, even in tough times.
I recommend $52.1 million in tobacco settlement funds for the One Georgia Authority to continue grant and loan programs targeted at our most economically challenged counties. I am also recommending $100 million for the Governor's Road Improvement Program-- GRIP.
GRIP funds are the foundation of many essential transportation projects that link our small towns and counties with major transportation arteries, helping them attract new businesses, industries and jobs.
And, I am proposing increasing funding for the Local Assistance Road Program (LARP) by $10.5 million to a total of $38 million.
I also propose $16.1 million in the FY 2003 amended and $77.2 million in the FY 2004 budget in state funds, bonds and Port Authority debt reduction for support of a major economic development project in Pooler on land owned by the Ports Authority.
This will create 3,300 new jobs for Georgians.
This is a project on which the state has already invested $25 million and we must honor our commitments to see it through.
We can say proudly that Georgia is a state that keeps our word and meets our obligations.
As proof, we hold the highest bond rating a state can have. We maintain that AAA rating by not taking on more debt than we can handle. Actually, we maintain it by taking on less debt than we could.
Maintaining our AAA bond rating is important because it gives us a better interest rate when we do borrow money and saves our state millions of dollars.
When we met with the bond agencies in New York, they were impressed with our proposed plan. They felt that we were proceeding in the most fiscally responsible way.
As good stewards of the public purse, I believe we must maintain Georgia's sterling reputation in the financial markets and protect our bond rating.
We must resist any temptation to mortgage our future, and our children's future, to deal with the challenges on our watch.
By investing in education...

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Protecting our children...
Meeting the health and human needs of our citizens...
Making investments that will spur economic growth and job creation...
And meeting our obligations to maintain our state's excellent credit rating...
I believe we tell the right kind of story about our state. I believe these priorities show the true face of Georgia and reflect our true values.
We are compassionate, responsible, loving, trustworthy, and confident in our future.
Those values will shine through in our budget.
These are the essentials we cannot do without, in good times or lean.
But to fund them we must make hard choices. We must do without other things that might be nice to have--just not right now.
Here is the simple truth--the cuts we have already absorbed do not free enough revenue to meet our education, child safety, economic development and human needs in a way that preserves our sound fiscal rating.
We must take additional steps. The ones I propose are difficult, but, in my judgment, necessary.
Our current economic conditions require us to use a portion of the Revenue Shortfall Reserve the "rainy day" fund. I will use my statutory discretion as Governor to make $138 million in Reserve funds available for appropriation in FY 2003 and an additional $142 million available in FY 2004.
We must also adjust to the fact that the budget surpluses we enjoyed in recent years are no longer available to us. As a consequence, programs and initiatives that were funded principally or entirely from surplus funds must get a hard look.
One such program is the Homeowner Tax Relief Grant. The goal of this program, funded from the annual budget surplus, was to raise the property tax homestead exemption, putting more dollars into the taxpayer's pocket.
That is a worthwhile goal and a principle I support. Unfortunately, as we know, the surplus is no longer there. If we desire to continue this program we must now dip into the general funds budget.

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In short, we would be taking money out of the taxpayer's left pocket to put it into their right pocket. That is unwise and unproductive, especially when the price comes out of meeting our basic human needs.
We will revamp this program, so that it is funded responsibly. Our local governments have already sent out current year property tax bills, with the expectation that in FY 2003 the homestead exemption value will rise from $8000 to $10,000.
I am recommending $24.5 million in the FY 2003 amended budget to preserve this exemption increase to $10,000 for the current year, which will result in no tax liability for the first $25,000 of fair market value on homesteads, saving the average property tax paying family $210.
However, for FY 2004, I am proposing only $95 million, which will fund the statewide homestead exemption value at $4000 and result in no property tax for the first $10,000 of fair market value on homesteads.
To maintain the full $10,000 exemption for FY 2004 would cost $378 million. By stepping the grant program down to the $4000 level, we will save approximately $283 million for other priorities.
I am also proposing that we eliminate the $7 reduction in the price of driver's licenses for applicants who check the "organ donor" box. This price differential is a well-intentioned attempt to encourage people to become organ donors.
Experience shows, however, that the fee break has little impact on the number of people who become organ donors. It is an incentive that doesn't incentivize a significant number of people. Eliminating the fee break will generate $4.4 million in additional revenues.
That may be a modest amount in the overall budget, but we need it.
Let me be clear that I completely support organ donation and encourage Georgians to become organ donors and help save lives. This is simply not the best way to go about it.
Even with these measures, we have a need for new revenue if we are to balance our budget while honoring our commitments and human priorities.
I am therefore proposing a modest temporary--and let me emphasize that: temporary-- increase in the state excise tax on tobacco and alcohol products.
This measure will generate approximately $91.5 million in new revenue applied to the FY 2003 budget and $387 million for FY 2004. We will sunset this provision in four years, with the hope that our revenue will have improved by then.

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In the meantime, the fact that this is a temporary revenue increase, with a sunset, will force state government to undergo systematic and structural changes to ensure that we never find ourselves in this situation again.
This kind of fundamental change is long overdue.
While it is in effect, the increased excise tax of 58 cents per pack on cigarettes and the excise on other tobacco products will also promote our goal of a healthier Georgia.
This action will prevent as many as 3,500 teenagers per year from starting to smoke. Teens are especially price-sensitive and cost is a major deterrent to teen smoking.
This proposal will also encourage many adult smokers to stop and will curb the use of other harmful tobacco products, improving the health of our state.
I want everyone in this state to understand that revenue produced by the proposed increase will be directed to offset increases in health care costs to the state.
This is not a step I propose lightly, but I believe it is the most responsible option available to us. Georgia has among the lowest state excise taxes on these products.
This action produces both needed revenues and public health benefits. If we must raise a tax to meet our goals as a state, this is the one to raise.
In closing, let me say that I present these budget proposals to the General Assembly with humility.
The 150 hours of budget meetings I had were not nearly enough to dig as deeply into our state's spending habits as I would have liked.
The budget process I was called upon to manage was already well-advanced by the time I became involved.
Time was short. I had less than one month after Election Day to prepare a budget proposal.
The budget proposals I have outlined today and which you will soon examine in detail are lean. You will find no fat in this budget.
If you do, let me know and I'll take care of it.
You've all made promises to your constituents to support programs and projects. So have I.

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There are things I campaigned on that I can't do right now because of this budget situation.
It is frustrating not to be able to do all the things you want to do or have all the things you want to have.
But dealing with that hard truth is part of maturity and a sign of character.
When I spoke to the members of this body a few weeks ago in Athens I told you we'll be able to have the things we want and fulfill our promises to those we represent--just not right now.
For now, we're on a diet, and a pretty strict one.
We can and should see this as an opportunity to improve our overall fitness by reforming the budget process. We have four years to do so.
We must return to an era of true results-based, performance-based budgeting.
Every year we will examine each agency or department's funding request in its entirety. Line items that are no longer needed or that do not align with our core principles will be eliminated.
And we will carry out a sustained series of performance audits to ensure that Georgians are getting the best value for their tax dollars.
We can change our habits and improve our situation for the future.
For now, we must be equal to the task at hand.
This is not the kind of budget I wanted to propose. The cuts are real and will cause real pain.
And no Republican governor wants to propose even a modest tax increase his first week in office.
But this it is the budget I believe the situation demands. I've said repeatedly since the election, you and I are partners.
We are members of the same team, Georgia's team.
Hired by Georgia to do the people's work and be good stewards of their resources.

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If this General Assembly, in your wisdom, can come up with a better solution than what I have proposed, I am ready to work with you. If there are things in this budget you don't like--and I'm sure there are--then find an alternative. Find us a better solution. If you can produce a budget that lives up to the kind of state Georgia is... Meets our obligations to the educational, economic, and human needs of our citizens... And maintains our sound financial rating ... Then I am here to work with you. Let's work together and show the people of Georgia that their trust in us is well placed. Tough times test our character. Let's represent the true character of our state. Let's produce a budget that tells the story of a Georgia that is compassionate and confident... Bold and optimistic... A Georgia that sustains its principles in good times and bad ... A great state that is equal to its greatest challenges. Thank you. God bless you all ... and God bless Georgia. Senator Price of the 56th moved that the Joint Session be hereby dissolved. The motion prevailed, and the President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m., Thursday, January 16, 2003.

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Senate Chamber, Atlanta, Georgia Thursday, January 16, 2003 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 3. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Jackson of the 50th, Butler of the 55th and Starr of the 44th:
A BILL to be entitled an Act to be known as the "Financial Disclosure Reform Act of 2003"; to provide a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for additional duties of the State Ethics Commission; to change the provisions relating to the filing of financial disclosure statements, the persons required to file financial disclosure statements, and the contents thereof; to amend Code Section 45-10-26 of the Official Code of Georgia Annotated, relating to yearly disclosure statements of public officials and employees concerning business transactions with the state, so as to provide for disclosure of transactions with political subdivisions; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 9. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters

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relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 10. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Butler of the 55th, Jackson of the 50th, Smith of the 25th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 16 of the O.C.G.A., relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; to provide for the crime of endangerment of a child under the age of 16; to provide that the offense is in addition to other punishment; to amend Code Section 16-12-1 of the O.C.G.A., relating to contributing to the delinquency, unruliness, or deprivation of a minor, so as to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to amend Code Section 173-2.1 of the O.C.G.A., relating to prosecution of certain offenses, so as to extend the time from which the applicable period within which a prosecution must be commenced begins to run; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Clay Collins Dean Fort Golden Hall Hamrick Harbison

Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa

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Those not answering were Senators:

Cheeks Tanksley

Crotts Thomas, N.

Gillis

Senator Gillis was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

Senator Price of the 56th introduced the chaplain of the day, Reverend Lane Alderman of Roswell, who offered scripture reading and prayer.

Senator Levetan of the 40th introduced the doctor of the day, Dr. Walker Ray.

The following resolutions were read and adopted:

SR 13. By Senators Johnson of the 1st and Thomas of the 2nd:

A RESOLUTION commending the Atlantic Intracoastal Waterway Association; and for other purposes.

SR 14. By Senator Hudgens of the 47th:

A RESOLUTION commending Blacks Creek Baptist Church; and for other purposes.

SR 15. By Senators Seay of the 34th, Seabaugh of the 28th, Balfour of the 9th, Johnson of the 1st and Starr of the 44th:

A RESOLUTION recognizing and commending Bernetta Lee; and for other purposes.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334
January 16, 2003

Mr. Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334

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Dear Secretary Eldridge:
Due to the extreme shortness of this morning's Senate session, there was no opportunity for another Senator to move that I be excused for the day.
Please make sure that the proper notation is made on the official record and that I receive an excused absence for not answering roll call today.
Sincerely,
/s/ Hugh M. Gillis, Sr. Senator, 20th District
The State Senate Atlanta, Georgia 30334
January 16, 2003
Mr. Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please be advised that I missed roll call this morning, Thursday, January 16, 2003, due to a called meeting by Governor Perdue in his office.
Sincerely,
/s/ Mike D. Crotts STATE SENATOR DISTRICT 17
Senator Price of the 56th moved that the Senate adjourn until 9:00 a.m., Friday, January 17, 2003.
The motion prevailed, and the President announced the Senate adjourned at 10:34 a.m.

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Senate Chamber, Atlanta, Georgia Friday, January 17, 2003 Fifth Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 42.

By Representative Channell of the 77th:

A BILL to provide homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; and for other purposes.

HB 44.

By Representative Channell of the 77th:

A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 31.

By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Buck of the 112th, Smyre of the 111th and others:

A RESOLUTION relative to adjournment; and for other purposes.

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HR 32.

By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Bordeaux of the 125th, Buck of the 112th and others:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

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

Representatives Bordeaux of the 125th, Floyd of the 69th, Post 2, Jenkins of the 93rd, Oliver of the 56th, Post 2, Richardson of the 26th, Smith of the 87th, Watson of the 60th, Post 2.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 1. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Kemp of the 3rd, Butler of the 55th, and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; to provide for the crime of endangerment of a child under the age of 16; to provide for various degrees of endangering a child under certain circumstances; to provide for penalties; to provide that the offense is in addition to other punishment; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 11. By Senators Johnson of the 1st, Hill of the 4th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or

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telecommunications support facilities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 12. By Senators Unterman of the 45th, Balfour of the 9th and Squires of the 5th:
A BILL to be entitled an Act to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons to a felony; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 13. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to create the new offense of refusal to submit to chemical testing; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child; to change certain provisions relating to chemical tests for alcohol or drugs in blood; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 14. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to change certain provisions relating to authorized imposition of penalties in lieu of other actions in proceedings before the Commissioner; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

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The following House legislation was read the first time and referred to committee:
HB 42. By Representative Channell of the 77th:
A BILL to provide homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 44. By Representative Channell of the 77th:
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Price of the 56th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.
The members pledged allegiance to the flag.
Senator Dean of the 31st introduced the chaplain of the day, Bishop David Huskins of Cedartown, who offered scripture reading and prayer.
The following resolution was read and put upon its adoption:
SR 20. By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st and Lee of the 29th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
On the adoption of the resolution, the yeas were 43, nays 0, and the resolution was adopted.

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The President appointed as a Committee of Escort on the part of the Senate the following Senators: Johnson of the 1st, Blitch of the 7th, Meyer von Bremen of the 12th, Crotts of the 17th, Zamarripa of the 36th, Smith of the 52nd and Price of the 56th.
The following resolution was read and put upon its adoption:
HR 31. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Buck of the 112th, Smyre of the 111th and others:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 17, 2003, and shall reconvene on Monday, January 27, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 44, nays 0, and the resolution was adopted.
The following resolution was read and put upon its adoption:
HR 32. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Bordeaux of the 125th, Buck of the 112th and others:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
On the adoption of the resolution, the yeas were 40, nays 0, and the resolution was adopted.

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The following resolutions were read and adopted:

SR 16. By Senators Unterman of the 45th, Balfour of the 9th and Jackson of the 50th:

A RESOLUTION recognizing and commending Lanierland Music Park; and for other purposes.

SR 17. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Grace Elizabeth Sullivan; and for other purposes.

SR 18. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Jessica Leigh Hamby; and for other purposes.

SR 19. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Bella Brooks Tucker; and for other purposes.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 20.

By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st and Lee of the 29th:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

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

Representatives Burkhalter of the 36th, Campbell of the 39th, Erhart of the 28th, Lucas of the 105th, Stanley-Turner of the 43rd, Post 2, and Twiggs of the 8th.

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Senator Price of the 56th introduced the doctor of the day, Dr. Robert Butler.
Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then adjourn, pursuant to HR 31, until 1:00 p.m., Monday, January 27, 2003. At 9:40 a.m., the President announced that the motion prevailed.
The Senate adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Monday, January 27, 2003 Sixth Legislative Day

The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 46.

By Representative Skipper of the 116th:

A BILL to amend an Act providing for a new charter for the City of Ellaville, so as to change certain provisions regarding the composition and election of the councilmembers; and for other purposes.

HB 60.

By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:

A BILL to provide a new charter for the City of Morrow; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 5. By Senators Harp of the 16th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 16-12-81 of the Official Code of Georgia Annotated, relating to the offense of distributing material depicting nudity or sexual content, so as to make such offense apply expressly

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to electronic mail and other electronic or computer media; to provide a notice; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 15. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to require a contract for the sale of a condominium to include a list of any requests for maintenance or repairs made by the unit owner to the association and the status of such requests; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 16. By Senator Harp of the 16th:
A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the O.C.G.A., relating to child custody proceedings, so as to provide for a new article regarding the relocation of children subject to custody or visitation orders or agreements; to provide for definitions and applicability; to provide for notices of proposed relocations and changes of residence; to provide for court orders regarding notices of proposed relocations; to provide exceptions for certain disclosures; to provide for failure to comply with required notices of proposed relocations and changes of residence; to provide for additional grounds to modify custody or visitation orders or agreements; to provide for relocations; to provide for hearings; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 17. By Senator Harp of the 16th:
A BILL to be entitled an Act to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change certain provisions relating to child support in final verdict or decree, computation of award, guidelines for determining amount of award, continuation of duty to provide support, and duration of support; to change certain provisions relating to entering income deduction order for award of child support, when order is effective, and hearing on order; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 18. By Senator Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 which relates to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said chapter shall not apply to the installation, alteration, or repair of manhole rings, covers, and valve box covers due to road construction and repair; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 19. By Senators Tate of the 38th, Smith of the 25th and Jackson of the 50th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 20. By Senators Jackson of the 50th, Meyer von Bremen of the 12th and Seay of the 34th:
A BILL to be entitled an Act to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer; to prescribe penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SB 21. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Butler of the 55th, Jackson of the 50th and Smith of the 25th:
A BILL to be entitled an Act to amend Code Section 17-7-95 of the Official Code of Georgia Annotated, relating to the plea of nolo contendere generally, so as to change certain uses of the plea of nolo contendere in certain offenses involving minor children; to provide for related matters; to provide for an

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effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 22. By Senators Butler of the 55th, Squires of the 5th, Reed of the 35th, Adelman of the 42nd and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses; to provide that a person discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly persons if prosecuted for one of a list of specified offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 23. By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SB 24. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any daycare center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Children and Youth Committee.
SB 25. By Senators Brown of the 26th, Thomas of the 10th, Stokes of the 43rd, Jackson of the 50th and Squires of the 5th:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts generally, so as to provide legislative findings; to provide immunity from liability for sexual assault nurse examiners conducting examinations in support of a law enforcement investigation and providers of facilities for such examinations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SR 22. By Senator Tate of the 38th:
A RESOLUTION creating the Senate Toxic Mold Study Committee; and for other purposes.
Referred to the Rules Committee.
SR 23. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:

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HB 46. By Representative Skipper of the 116th:
A BILL to amend an Act providing for a new charter for the City of Ellaville, so as to change certain provisions regarding the composition and election of the councilmembers; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 60. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:
A BILL to provide a new charter for the City of Morrow; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.
Senator Williams of the 19th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.
Senator Price of the 56th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.
The members pledged allegiance to the flag.
Senator Thomas of the 10th introduced the chaplain of the day, Pastor Dexter Rowland of Decatur, who offered scripture reading and prayer.
Senator Harp of the 16th introduced the doctor of the day, Dr. Ralph Griffin.
The following resolutions were read and adopted:
SR 21. By Senator Tate of the 38th:
A RESOLUTION honoring the life of Joseph Anthony Carter, Sr. and expressing regret at his passing; and for other purposes.

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SR 24. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Kevin Millward; and for other purposes.
SR 25. By Senators Shafer of the 48th and Moody of the 27th:
A RESOLUTION celebrating the birth of Armand Bates Highsmith; and for other purposes.
SR 26. By Senator Shafer of the 48th:
A RESOLUTION commending Andrew Vinson; and for other purposes.
SR 27. By Senators Shafer of the 48th and Moody of the 27th:
A RESOLUTION celebrating the birth of Alex Maxson Stephens; and for other purposes.
SR 28. By Senators Shafer of the 48th and Moody of the 27th:
A RESOLUTION celebrating the birth of Kendall Addison Stephens; and for other purposes.
The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
January 23, 2003
Mr. Frank Eldridge, Jr. 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
In accordance with Senate Rule 185(h), the Senate Administrative Affairs Committee will be made up of the following members:
Senator Eric Johnson, President Pro Tempore (By Rule) Senator Tom Price, Majority Leader (By Rule) Senator Don Balfour, Chairman of the Rules Committee (By Rule)

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Honorable Frank Eldridge, Jr., Secretary of the Senate (By Rule) Senator Tommie Williams, Member (By Appointment) Senator Michael Meyer von Bremen, Member (By Appointment) Senator Mitch Seabaugh, Member (By Appointment)
I look forward to working with you as we address the administration of the Senate. This is an important Committee and will oversee Secretaries, Interns, Senate Research and Senate Information among other functions.
Sincerely,
/s/ Eric Johnson President Pro Tempore
Senator Price of the 56th moved that the Senate stand in recess until 7:15 p.m., then upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. tomorrow, and the President announced the motion prevailed at 1:41 p.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the President of the Senate. SR 20 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows:

Lieutenant Governor Taylor, Speaker Coleman, Members of the General Assembly -- and especially my wonderful wife Mary, without whose love and support I would not be here today.
My fellow Georgians, tonight I am honored to come before you to report on the state of our great state.
We gather at a moment of dramatic changes in Georgia. Changes in how we work, in how we live, and in how we are governed.
Tonight is the first time any of us--myself included--has heard a Republican Governor give a State of the State address.
And this General Assembly is a different body than the one I left just over a year ago. Today we are truly a two-party state, with shared representation in the legislature and shared responsibility for governing.

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The mandate I heard on November 5th was that Democrats and Republicans must now work together for the benefit of Georgia.
These political changes may be upsetting to some, exciting to others, but they merely reflect bigger changes in our state as a whole.
Our population has more than doubled since 1960, and it has grown increasingly diverse. Those of us born in Georgia have welcomed millions of new neighbors over the years.
These new Georgians have come to get an education, to find jobs and to start businesses. They've come to raise families and to retire. They've come because anyone who looks can plainly see what a blessing it is to live in Georgia.
We are truly blessed. You can see that however you travel across Georgia, but I think you get a special perspective when you fly.
One of my great joys in life is being a pilot.
There is a great sense of freedom in soaring through the sky. You get a different perspective up there. Seeing things that aren't so apparent from the ground.
There is also great responsibility that goes with piloting a plane--concern for proper maintenance and safe operation, the comfort of your passengers, and being prepared for any emergency.
In preparing my remarks for tonight, I thought about this new flight our state is taking together, all 8.5 million of us. It is a flight of opportunity that brings with it much responsibility for deciding our state's future.
We've got a new pilot in the cockpit ... a new crew in the cabin.
We've got a craft that has always been dependable.
But it does need a tune-up.
And we're short on fuel right now, so we've got to fly smart, efficiently and effectively to reach our destination.
The weather is uncertain. The skies are still full of dark economic clouds. We'll have a bumpy ride for a while.
But Georgians, let me be clear--we will chart our course carefully, prayerfully.
We will keep a steady hand on the stick.
And we will soar to new heights of accomplishment in Georgia.

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A growing population has brought many changes to our state. But whether they were born in New York or New Delhi, people choose to become Georgians because of those things about our state that will never change.
Like our core values of faith, family and freedom. The way we stick together when times are tough and look out for each other when danger threatens.
The greatness of Georgia is, and will always be, in our people. In our optimism, our patriotism, our enterprise, our compassion for one another.
Sustained by those qualities, the Georgia family can overcome any challenge we face. Georgia is strongest where it counts the most--in the collective character and spirit of our people.
And that is what will lift us up, whatever storms we meet.
Flying is in many ways an exercise in trust. And so is governing.
Throughout my campaign last year, I told the citizens of Georgia that if they'd give me the opportunity to pilot our state I'd make them proud.
I promised to work every day to restore public trust in government and to make state government more responsive to the public voice.
Why is trust so important to me ... and to Georgians?
The answer is simple--trust is the cornerstone of our society.
From individuals -- to a family -- to a nation, no order can be maintained, and no progress can be sustained without trust.
But trust is especially at the heart of our society--a free society.
Trust in our fellow citizens. Trust in the integrity of our elections. Trust in the leaders we choose.
Trust has to be earned.
And trust is a two-way street.
For the people to trust their government, the government must trust in the people. That shouldn't be so hard.
We are stewards of that public trust and we will be held accountable for our stewardship. That is my guiding principle as Governor.

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That is why on day one, I issued a strong executive order setting forth high standards of ethical conduct for my administration, with strict rules on conflicts of interest, gifts, and lobbying.
That is why I will submit legislation tomorrow to the General Assembly that will permanently extend these high ethical standards to all of state government ...
And that is why on behalf of Georgians, I urge the House and Senate to pass these ethics reform bills swiftly and decisively.
We will continue changing the culture of state government to be truly principlecentered...people-focused...customer-friendly...and dedicated to earning the people's trust every day.
The most fundamental way the people express their trust is in the voting booth. The citizens of Georgia are entitled to elect representatives who truly reflect their communities' values and speak for their communities' interests.
We must align our districts with democratic principles, not partisan politics.
These principles are clear and simple.
First -- the law of the land must be obeyed.
Second -- counties, precincts, and communities of interest should remain intact.
And why should partisan political data even be part of the process? Elections should be about the future, not the past.
With that in mind, I have asked Attorney General Baker to withdraw the state's appeal before the U.S. Supreme Court. The challenges of redistricting should be addressed at home, by Georgians, in Georgia's legislature.
Working with my floor leaders, we will be introducing legislation highlighting the principles I have just outlined.
Lieutenant Governor Taylor, Speaker Coleman, Senator Johnson and every member of the General Assembly, I am asking--and Georgians are expecting--this legislation to pass.
But it goes beyond this one issue. Georgians expect bills important to them to be openly and fully debated and voted upon in the light of day, not quietly and cowardly buried in the tombs we call committees.
The will of a powerful few should never be substituted for the will of the people.

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I have been listening to Georgians for over a year and I didn't need a poll to tell me that over two-thirds of Georgians want an opportunity to vote on the symbol that represents our state.
Rather than the shouts of distrust that divide us, let us tear down the walls that separate us.
The debate over what symbol will represent us has divided our state and continues to divide our state.
As I have said many times during the last year, to begin a new day in Georgia we must have a healing process.
That process begins with giving the people a say--a voice--a vote on the symbol that represents them.
We owe it to the people to choose that symbol through an open and democratic process.
I'm willing to trust the people of Georgia to make the best decision for Georgia, and I trust you are too.
Let us decide ... and let us move forward.
Georgians know our greatest challenges are ahead and we've still got those dark clouds to face.
Economic recovery and job creation are fundamental to the continued success of our state.
Georgia is experiencing, along with the entire nation, the effects of a recession.
We have gone from leading the nation in job creation to leading the nation in job loss. Some of our major industries were hardest hit--such as aviation, hospitality, construction and information technology.
We don't know yet how much our state economy will recover this year. We do know it won't be as much as we'd like.
The headwinds we've battled have slowed our economy and our people are feeling the pain.
The effect on our state government has been a record two straight years of declining state revenues and budget shortfalls. That hasn't happened since the Great Depression. No modern governor has ever faced such a budget crisis.
The word crisis has an ominous tone. But in Chinese the word for crisis is written with two symbols--the first stands for danger, but the second stands for opportunity.

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Let us focus on the latter.
As we are well aware, we're short $620 million in the current fiscal year alone.
When I submitted my budget, I said I would work with the House and Senate as partners to come up with a final plan that meets the human needs of our state while doing everything we could to hold the line on taxes. I committed to you that we would keep working to find monies to offset taxes.
So, I am proud to report to you that, working together, we have identified an additional $285 million that will allow us to fully fund the homestead exemption property tax cut without taking away from education, health care or other critical needs.
But let me be clear-- from this day forward we will fund this homestead exemption program in straightforward manner that pays for it out of General Budget funds each year as it should be.
We can never again be so irresponsible in leading the public to expect that ongoing programs especially tax cuts -- be funded based on surpluses. Continuing programs must be funded in the General Budget.
And I assure you, we're going to keep looking for more savings and more cuts in this budget. Last week I met with all of our department and agency heads asking them to continue looking for ways to cut spending.
Today I sent them a letter challenging them to come back to me with those ideas.
President Ronald Reagan once said balancing the budget is like protecting your virtue-- you just have to learn to say no.
This process has only started and I look forward to working with the House and Senate to produce a budget we can all be proud of.
We know the dark clouds are here, but let's talk about how we can break through them to blue skies again.
How do we get our economy moving forward again in the near term--and how do we strengthen our economy to build greater prosperity and greater opportunity for Georgians in the future.
We've been fortunate over the last twenty years to have a fast-growing economy.
We've worked hard to attract new businesses to Georgia.
The growth we've enjoyed until now has been good for Georgia, but it is no longer enough to simply put out the welcome mat.
Georgia's economy, along with the national and world economy, is changing.

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Knowledge is the new economic fuel, not physical labor. It is the essential ingredient for success in this information age.
Providing all our citizens with the knowledge, skills and training they need to compete in the information economy is the best economic development plan we can have.
Education and workforce training will prepare our people for the jobs.
We will continue to welcome outside companies relocating to Georgia. However, to achieve real leadership we have to grow our own companies and develop our own industries, based on our own innovations.
I see our state developing homegrown industries with global reach.
We need to ensure that the world knows that the "Open for Business" sign is out in Georgia.
Whether in communications, medical sciences, logistics or agricultural technology, let's raise our aim--not just to be a player, but a winner.
I want the world to beat a path to Georgia's door. I want companies from around the world bidding to license the best innovations and latest technological breakthroughs from Georgia universities, companies and research centers.
To make that happen, I'm undertaking a comprehensive review of our tax policies and our state regulations with an eye toward reforming them to encourage, not frustrate, entrepreneurship in our state.
Georgia's reputation should be of a place where the government gets out of the way and lets the natural genius of our people create, build and grow our state.
Maintaining a high quality of life is essential to that vision.
To attract and keep the innovators and knowledge workers we need -- we must nurture and improve the conditions that make Georgia a great place to live, work and raise families.
When I fly over our state looking down on beautiful green mountaintops, sandy golden beaches and gently flowing rivers it is easy to see why we must so jealously guard our natural resources.
They are our crown jewels. We have been truly blessed with God's beauty and our natural environment is one our most valuable resources. I am committed to being a faithful steward of those resources.
That includes stewardship of our state's water.

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I promised you I would do my absolute best to bring an end to a 13-year negotiation between Georgia, Florida and Alabama on water allocation.
I have invited the Governors of Florida and Alabama to sit down with me face-to-face, leader-to-leader in a spirit of cooperation and resolve so that we can come to closure on these issues.
Yes, we have an obligation to protect our natural resources.
But we have an even higher obligation to protect an even more precious resource--our children.
Tonight I have invited a number of Georgians to sit with the First Lady in the gallery. They include educators, law enforcement, and family members of our brave men and women in uniform who are deployed overseas right now defending America's freedom.
But there is one chair that remains empty.
That chair represents the invisible children of Georgia.
The more than 14,000 children in foster homes and state custody.
I've said it before and I'll keep saying it: Mary and I believe we have a moral obligation to ensure that these children are not just cases in a file.
These children are members of Georgia's family.
They have faces, hopes and dreams, like all of our children.
It is our responsibility to nurture them, protect them, and prepare them for the future.
Children in state custody, like all of our children, deserve a quality education.
That's why we have devoted 55% of our state budget to education, and that commitment shows.
The foundation of our education system is K-12. And that foundation does have some cracks we need to mend.
We have strong bookends in place, bracketing the K-12 system.
Two solid pillars of our commitment to education are two of the nation's most innovative education programs: The Pre-kindergarten program and the HOPE scholarship.
I will protect these programs. I have already proposed that in the future Georgia Lottery funds be reserved for these two programs alone. These are two great Georgia success stories that lay the foundation for many successes to come.
But despite these strengths, Georgia's education system is not what it should be.

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The National Assessment of Education Progress is the nation's education report card. It shows Georgia is behind the national average on reading, writing, math, and science.
For each of those subjects more than 50% of Georgia children are below the proficient level.
Georgia also has one of the lowest high school graduation rates in the nation.
And, to our shame, we rank 50th in SAT scores.
We can sum up our report card in two words: "Needs improvement."
To improve our educational performance, I will work in the areas of accountability, cooperation, and respect.
We have a good start on accountability, with a system setting high standards and high expectations for our schools.
But we need to build on and improve the Georgia system. In consultation with parents, teachers, and local educators, we'll do just that.
We've set high goals. To reach them, everyone involved in the education process must work together.
To improve the level of cooperation, we're going to put the Department of Education back together.
We'll place the Office of Accountability back in the Department, but reporting to the State Board of Education, similar to a corporate audit function.
We'll also work to reconstitute other educational functions back into the Department of Education so that local school officials no longer have to thumb through the Yellow Pages to know who to call for the answers they need.
I, along with our Board of Education, will work in concert with Superintendent Cox so that Georgia's education team is operating from the same lesson plan.
This spirit of cooperation extends especially to our teachers and local educators. I am personally committed to including them in our policy-making process.
I want the teachers of this state to know that I respect your hard work and your commitment. You are vitally important to the education process and I will do everything in my power to help you do your jobs better.
That includes greater control over your classroom -- the power to remove disruptive students who aren't ready to learn -- so you can focus your efforts on teaching those students who are.

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While 57% of our teachers have earned pay raises this year, we simply can't afford to give an across the board cost-of-living increase for everyone right now. It is less than we want to do for our teachers. But when our budget situation improves, we will give our teachers a raise.
The state of our state is still good ... but it can be better.
We can restore the people's trust and confidence in their government ... and the government's respect for the people we serve.
We can meet the challenges of a changing economy, build on Georgia's strengths, and propel our state to the forefront.
We can preserve our state's natural beauty and improve the quality of life for our citizens.
And we can maintain our commitment to education and prepare our citizens to succeed in the global economy.
Those are our responsibilities as we pilot Georgia into the future.
It won't be easy.
But remaining on the ground is not an option.
The tower has cleared us for take-off and it is time to buckle up and go.
Those dark clouds may threaten, but they won't stop us.
And when we break through into the sunlight again...
We'll look, from the ocean to the far horizon, and see below us, sparkling like a jewel beneath the clean blue sky, the new Georgia that we've made.
Bustling with enterprise and opportunity. Rich with new ideas and new faces. Ringing with children's laughter. Bright with promise fulfilled.
Safe, educated, healthy and growing stronger every day.
That is what awaits us. That's our destination.
And we'll reach it together.
It is time for Georgia to take wing and fly higher and farther than we've ever flown before.
Thank you. God bless you--and God bless Georgia.

Senator Price of the 56th moved that the Joint Session be hereby dissolved.

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The motion prevailed, and the President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m., tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 28, 2003 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 26. By Senators Williams of the 19th, Lee of the 29th, Jackson of the 50th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections, so as to provide that the office of sheriff shall be elected on a nonpartisan basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 27. By Senators Hamrick of the 30th, Price of the 56th, Johnson of the 1st, Meyer von Bremen of the 12th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the O.C.G.A., relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 28. By Senators Cagle of the 49th, Balfour of the 9th, Brush of the 24th and Williams of the 19th:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to provide for reasonable attorneys fees; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; to provide for good faith reliance on guidance from the Department of Banking and Finance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 29. By Senators Seay of the 34th, Starr of the 44th, Clay of the 37th, Balfour of the 9th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 30. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 47-3-87.1 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in independent school system prior to, but not later than, June 30, 1979, so as to provide that such credit may be obtained prior to January 1, 2005; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
Senator Thompson of the 33rd asked unanimous consent that Senator Dean of the 31st be excused. The consent was granted, and Senator Dean was excused.

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The roll was called and the following Senators answered to their names:

Adelman Balfour Bowen Brown Bulloch Butler Cagle Cheeks Clay Collins Crotts Fort Gillis Golden Hall Hamrick Harbison

Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Smith,F Smith,P Squires Starr Stephens Stokes Tate Thomas,D Thomas,N Thomas,R Tolleson Unterman Williams Zamarripa

Those not answering were:

Blitch Shafer

Brush Tanksley

Dean (Excused) Thompson

The following members were off the floor of the Senate when the roll was called and wished to be recorded as present:

Senators: Blitch

Shafer

Thompson

The members pledged allegiance to the flag.

Senator Moody of the 27th introduced the chaplain of the day, Dr. William Self of Alpharetta, who offered scripture reading and prayer.

Senator Harbison of the 15th introduced members of the Kwara State House of Assembly of Nigeria. The Speaker, Honorable Benjamin Ezekiel Yissa, addressed the Senate briefly.

Senator Moody of the 27th introduced the doctor of the day, Dr. Earl Grubbs.

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The following resolutions were read and adopted:
SR 29. By Senator Seabaugh of the 28th:
A RESOLUTION commending Honorable Paschal English, Superior Court Judge in the Griffin Judicial Circuit; and for other purposes.
SR 30. By Senators Shafer of the 48th and Price of the 56th:
A RESOLUTION celebrating the birth of Liam Thomas Murphy; and for other purposes.
Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.
The motion prevailed, and the President announced the Senate adjourned at 10:56 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 29, 2003 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 31. By Senators Stephens of the 51st and Lee of the 29th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 42 of the O.C.G.A., relating to penal institutions, so as to provide for ethics reforms; to change provisions relative to the State Ethics Commission; to change provisions relative to disposition of campaign contributions; to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change provisions relative to acceptance of campaign contributions during legislative sessions; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 32. By Senators Thomas of the 2nd, Tate of the 38th and Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to the notice for election, unbundling, rates, application requirements, and surcharge on interruptibles, so as to provide a minimum amount for the surcharge on customers receiving interruptible service; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 33. By Senators Thomas of the 2nd, Hill of the 4th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character education; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.

SB 34. By Senators Thomas of the 2nd, Tate of the 38th, Seay of the 34th and Brown of the 26th:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., known as the "Natural Gas Competition and Deregulation Act," so as to require the Public Service Commission to declare an emergency and regulate the delivery of natural gas to retail customers in this state; to provide for the applicability of certain laws with respect to the Public Service Commissions regulation of the delivery of natural gas to retail customers in this state; to provide for contracts between electing distribution companies and marketers, between marketers and retail customers, between electing distribution companies and the regulated provider, and between the regulated provider and the Public Service Commission or the state; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SB 35. By Senators Johnson of the 1st and Lee of the 29th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal the provisions of law requiring the adoption of a local government service delivery strategy agreement by municipalities and counties; to reenact provisions of law relating to coordinated and comprehensive planning as such provisions existed prior to May 1, 1997; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SB 36. By Senators Thomas of the 10th, Stokes of the 43rd, Butler of the 55th, Jackson of the 50th, Seay of the 34th and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to enact a new article providing additional authority to advanced practice registered nurses to carry out prescriptive orders; to provide for a short title; to provide for legislative intent and findings and definitions; to provide for collaborative practice agreements and their contents and conditions; to provide for prescription drug and device orders and forms, conditions, and procedures relating thereto; to provide for application for certain registration numbers; to provide for liability and immunity therefrom; to provide for duties and powers of the Composite State Board of Medical Examiners and the Georgia Board of Nursing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 37. By Senators Thompson of the 33rd, Johnson of the 1st, Hooks of the 14th and Clay of the 37th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to change certain provisions relating to powers of local authorities generally; to provide for certain equipment requirements for garbage trucks or sanitation trucks; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 38. By Senators Lamutt of the 21st, Shafer of the 48th, Clay of the 37th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for limited protections for the owners of databases against unauthorized commercialization; to provide a short title; to provide for legislative purpose; to define certain terms; to provide criminal punishments and civil remedies for certain violations; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

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SB 39. By Senators Lamutt of the 21st and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that counties and municipalities that require building permits for construction or renovation of buildings and structures or for the installation, replacement, or improvement of plumbing, electrical, HVAC, gas, cable, or other systems in a building or structure shall permit applicants to apply for such permits through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 40. By Senators Lamutt of the 21st, Clay of the 37th and Crotts of the 17th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the O.C.G.A., relating to general provisions relative to ethics in government, so as to regulate political contributions and expenditures by labor organizations and separate segregated funds thereof; to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to regulate certain political contributions; to regulate deductions from employees earnings of contributions to labor organizations or separate segregated funds thereof to be used for political purposes; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 41. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Starr of the 44th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $20,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SB 42. By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 43. By Senators Price of the 56th, Moody of the 27th, Tanksley of the 32nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions; to provide for definitions; to provide for petitions and the validation and invalidation thereof; to provide for the appointment and composition of the commissions and their organization, meetings, compensation, expenses, allowances, staffing, funding, duties, and powers; to provide for reports, incorporations of municipalities, charters, and special elections relating thereto; to provide for amendments of charters and applicability of laws relating thereto; to provide for exemptions from certain local laws; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 44. By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provisions concerning guardians, so as to provide certain immunities from liability for persons serving as guardians ad litem; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 45. By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demands for trial, so as to require that a demand for trial be served on the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for the

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procedures subsequent to appeal; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 46. By Senators Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Peace Officer and Prosecutor Training Fund, so as to provide that such fund shall be used solely for peace officer and prosecutor training; to provide for an accounting of receipts and appropriations; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 47. By Senators Clay of the 37th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to the procedure for granting relief from sentence, conditions and prerequisites, and violation of parole, so as to provide that the written decision of the Board of Pardons and Paroles in each case shall be made public; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 48. By Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile records and hearings, so as to provide that the disposition and evidence of juvenile proceedings may be used by a defendant in a civil action brought by the juvenile based upon the factual circumstances surrounding said proceeding; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 49. By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such

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city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 50. By Senators Seabaugh of the 28th, Golden of the 8th, Price of the 56th, Moody of the 27th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that Georgia Consumer Choice of Benefits Health Insurance Plan policies or contracts not subject to state mandated health benefits may be offered by insurers to group or individual policyholders; to provide exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 51. By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography and Child Exploitation Prevention Act of 1999," so as to change the penalty for certain unlawful acts in violation of such Code section; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 52. By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of

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Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 53. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SR 35. By Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others:
A RESOLUTION creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.
Referred to the Special Judiciary Committee.
SR 36. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Dean of the 31st, Starr of the 44th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require annual appropriations for homeowner tax relief grants with a benefit equivalent to a homestead exemption of $18,000.00 of the assessed value of a taxpayer's homestead; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 38. By Senators Stokes of the 43rd, Crotts of the 17th and Thomas of the 10th:
A RESOLUTION designating the Earl Paulk Parkway; and for other purposes.
Referred to the Transportation Committee.

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The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Collins Crotts Dean Fort Gillis Golden Hall Hamrick

Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Clay

Thomas, N.

Senator Clay was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

Senator Seay of the 34th introduced the chaplain of the day, Reverend Dr. Emmanuel McCall of College Park, who offered scripture reading and prayer.

Senator Seay of the 34th recognized Tommy Irvin, Commissioner of Agriculture, other members of the Department of Agriculture and Ms. Bernetta Lee, recipient of the 2002 Friend of the County Agent Award, commended by SR 15, adopted previously. Mr. Irvin addressed the Senate briefly.

The following resolutions were read and adopted:

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SR 31. By Senators Lee of the 29th, Stephens of the 51st, Clay of the 37th and Hill of the 4th:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes.
SR 32. By Senator Tolleson of the 18th:
A RESOLUTION commending Honorable Susan W. Cable; and for other purposes.
SR 33. By Senator Bulloch of the 11th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes.
SR 34. By Senators Thomas of the 2nd and Kemp of the 3rd:
A RESOLUTION honoring the Reverend James "JC" Shipman on the occasion of his 20th anniversary celebration; and for other purposes.
SR 37. By Senators Gillis of the 20th, Starr of the 44th, Williams of the 19th, Johnson of the 1st, Jackson of the 50th and others:
A RESOLUTION commending the Georgia Forestry Association and recognizing January 30, 2003, as "Forestry Day at the Capitol"; and for other purposes.
Senator Adelman of the 42nd introduced the doctor of the day, Dr. Stuart Segerman.
Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.
The motion prevailed, and the President announced the Senate adjourned at 10:44 a.m.

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Senate Chamber, Atlanta, Georgia Thursday, January 30, 2003 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 54. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Smith of the 25th and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to list duties that may be required of certificated teachers; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 55. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 15-11-103 of the O.C.G.A., relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, so as to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19 of the O.C.G.A., relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to change the provisions relating to contents and furnishing of records and reports; to provide for adoption by a childs great-grandparent; to amend Chapter 10 of Title 31 of the O.C.G.A., relating to vital records; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 56. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 57. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 58. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 59. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SB 60. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 61. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 62. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 63. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SB 64. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.

SB 65. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 66. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 67. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 68. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain

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provisions regarding issuance of tax executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 69. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 70. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 71. By Senators Smith of the 25th, Squires of the 5th and Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 72. By Senators Squires of the 5th and Unterman of the 45th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit attorneys or law firms from making contributions to candidates for judicial offices; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

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SB 73. By Senators Brush of the 24th, Johnson of the 1st and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she has been out of office for at least five years; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 74. By Senators Brush of the 24th, Thomas of the 10th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or threewheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 75. By Senators Stokes of the 43rd, Meyer von Bremen of the 12th, Levetan of the 40th, Adelman of the 42nd and Reed of the 35th:
A BILL to be entitled an Act to revise and harmonize certain provisions of the Official Code of Georgia Annotated relating generally to prevention, prohibition, prosecution, punishment, and remediation of driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension and conditions to return of license; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to seizure and disposition of drivers licenses of persons charged with driving

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under the influence, issuance of temporary driving permits, and disposition of cases; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 76. By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Lamutt of the 21st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 77. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th, Zamarripa of the 36th, Butler of the 55th and Thomas of the 10th:
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, so as to change the penalty provisions related to the offense of keeping a place of prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 78. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for the use of a collection agency to collect fees owed to the state; to provide for the disclosure of a banks examination information to its holding company; to provide for changes in dissolution proceedings; to enable a bank or trust company to organize as a limited liability company; to provide for minimum capital stock requirements for established banks and trust companies; to require compliance with minimum age laws for mergers; to authorize all banks to operate automated teller machines statewide; to provide for certain changes in preferred shares of credit unions; to provide for certain definitions related to the sale of checks; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

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Senator Johnson of the 1st, President Pro Tempore, assumed the Chair.

The following committee report was read by the Secretary:

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 6 Do Pass

SB 7 Do Pass

Respectfully submitted, Senator Bowen of the 13th District, Chairman

The following Minority Report was filed with the Secretary:

The State Senate Atlanta, Georgia 30334
January 28, 2003
Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334

RE: Minority Report

Dear Mr. Eldridge:

Pursuant to Rule 117, I hereby file a minority report to SB 6. I oppose this bill as it would be detrimental to the State, if enacted.

I believe there should not be a fine and if there is to be a fine, I oppose the $150 fine for the first offense as stated in line 18. I extremely oppose the $250 fine for each subsequent offense.

While I do support safety for our law enforcement officers, in my opinion, SB 6 should not become law.

Sincerely,

/s/ Gloria Butler, Senator 55th District

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Senator Harp of the 16th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Bulloch Butler Cagle Cheeks Clay Collins Dean Fort Gillis Golden Hall Hamrick

Harbison Harp Henson Hill Hooks Hudgens Jackson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Brush Smith, F

Crotts (Excused) Stephens

Johnson (Presiding)

The members pledged allegiance to the flag.

Senator Shafer of the 48th introduced the chaplain of the day, Dr. David M. Fry of Duluth, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 39. By Senator Thomas of the 2nd:
A RESOLUTION in memory of Laura Washington Richards; and for other purposes.

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SR 40. By Senator Thomas of the 2nd:

A RESOLUTION honoring Sammie Edward Kenty, Sr., on the occasion of his retirement; and for other purposes.

SR 41. By Senator Squires of the 5th:

A RESOLUTION commending Neil Hytowitz; and for other purposes.

SR 42. By Senator Squires of the 5th:

A RESOLUTION commending Peter Gelbrich; and for other purposes.

Serving as the doctor of the day, was Dr. Michael Bourland.

Senator Gillis of the 20th recognized "Forestry Day at the Capitol", and introduced Fred Allen, Director of Forestry, commended by SR 37, adopted previously. Mr. Allen addressed the Senate briefly.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 91.

By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Smyre of the 111th and others:

A Resolution relative to adjournment; and for other purposes.

Senator Price of the 56th moved that the Senate adjourn until 9:30 a.m., tomorrow.

The motion prevailed, and Senator Johnson of the 1st, President Pro Tempore, announced the Senate adjourned at 10:36 a.m.

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Senate Chamber, Atlanta, Georgia Friday, January 31, 2003 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:
HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.
HB 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.

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HB 105. By Representative Walker of the 115th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 79. By Senator Squires of the 5th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to allocation of funds for public roads, so as to change the provisions relating to allocation of funding among the congressional districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 80. By Senators Clay of the 37th, Tanksley of the 32nd, Smith of the 52nd and Harp of the 16th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to provide juvenile court jurisdiction to order temporary child support for a deprived child; to provide for matters related to payment of child support and custody; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 81. By Senators Jackson of the 50th, Mullis of the 53rd, Thomas of the 54th, Smith of the 25th, Blitch of the 7th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to create the Georgia Emergency Medical Services Medical Directors Advisory Council; to provide for duties of such council; to provide for appointment of

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members of such council; to provide for rules and regulations or policies governing such council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 82. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Brown of the 26th, Starr of the 44th and Dean of the 31st:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that a candidate or public officer may donate excess campaign contributions to the state or a political subdivision of the state to defray all or part of the cost of conducting an election for the office for which such campaign funds were donated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 83. By Senators Starr of the 44th, Meyer von Bremen of the 12th, Seay of the 34th and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the membership of the boards of trustees of such libraries; to provide that funds collected for such libraries may be used to provide a law library for the district attorney of the judicial circuit, the solicitor-general of the state court, or the public defender; to provide that excess funds may be used to provide legal representation for indigent defendants; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SR 1. By Senators Harp of the 16th, Williams of the 19th, Mullis of the 53rd, Clay of the 37th, Seabaugh of the 28th and others:
A RESOLUTION proposing an amendment to the Constitution so as to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipients religious affiliation, belief, practice, or lack thereof provided that no such public money shall be used for sectarian worship, instruction, or

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proselytization; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Judiciary Committee.
SR 49. By Senators Thomas of the 54th, Smith of the 52nd, Moody of the 27th, Dean of the 31st, Crotts of the 17th and others:
A RESOLUTION requesting that the United States Congress enact a Medicare prescription drug benefit; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.
Referred to the Special Judiciary Committee.
HB 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.
Referred to the Special Judiciary Committee.
HB 105. By Representative Walker of the 115th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and

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omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Special Judiciary Committee.

The following committee report was read by the Secretary:

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 9 Do Pass HB 44 Do Pass

HB 42 Do Pass

Respectfully submitted, Senator Unterman of the 45th District, Chairman

The following legislation was read the second time:

SB 6

SB 7

Senator Price of the 56th asked unanimous consent that the call of the roll be dispensed with. Senator Jackson of the 50th objected.

Senator Price of the 56th moved that the roll call be dispensed with.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the roll call was dispensed with.

The members pledged allegiance to the flag.

Senator Johnson of the 1st introduced the chaplain of the day, Pastor Shaun Blakeney of Savannah, who offered scripture reading and prayer.

The following resolution was read and put upon its adoption:

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HR 91. By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Smyre of the 111th and others:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Tuesday, February 4, 2003, and shall reconvene on Monday, February 10, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 33, nays 0, and the resolution was adopted.
Senators Johnson of the 1st and Thomas of the 2nd recognized representatives from the Georgia Association of Black State Universities. Senator Johnson of the 1st introduced Crystal Pendleton, Director of Presidential Scholars, who addressed the Senate briefly and recognized Presidential Scholars in the Senate Gallery. Senator Johnson of the 1st introduced Roy Jackson, who addressed the Senate briefly.
Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Maureen Leigh Olson.
The following resolutions were read and adopted:
SR 43. By Senator Dean of the 31st:
A RESOLUTION expressing regret at the loss of the Dallas First Baptist Church sanctuary; and for other purposes.
SR 44. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending Joseph J. Gaines; and for other purposes.

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SR 45. By Senator Hudgens of the 47th:
A RESOLUTION recognizing the 150th anniversary of the establishment of Hart County in Georgia; and for other purposes.
SR 46. By Senators Stokes of the 43rd, Henson of the 41st, Levetan of the 40th, Adelman of the 42nd, Butler of the 55th and others:
A RESOLUTION honoring Bishop Miles E. Fowler; and for other purposes.
SR 47. By Senators Jackson of the 50th, Cagle of the 49th, Hudgens of the 47th and Unterman of the 45th:
A RESOLUTION commending and welcoming Amy Suzanne Mulkey, Miss Georgia 2002; and for other purposes.
SR 48. By Senators Bowen of the 13th, Seay of the 34th, Tolleson of the 18th, Dean of the 31st, Mullis of the 53rd and Butler of the 55th:
A RESOLUTION commending the firefighters of Georgia and observing the 31st annual Firefighters Recognition Day; and for other purposes.
SR 50. By Senator Starr of the 44th:
A RESOLUTION expressing regret at the passing of Robert R. Davis; and for other purposes.
SR 51. By Senator Stephens of the 51st:
A RESOLUTION expressing regret at the passing of Earl "Buck" Benson, Jr.; and for other purposes.
Senator Stephens of the 51st recognized the family of Earl "Buck" Benson, Jr., commended by SR 51, adopted previously.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Friday, January 31, 2003 Tenth Legislative Day

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(The names listed are the Senators whose districts are affected by the legislation.)

SB 9

Johnson of the 1st

Thomas of the 2nd

CHATHAM COUNTY

A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 42

Smith of the 25th Hudgens of the 47th GREENE COUNTY

A BILL to provide a homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; and for other purposes.

HB 44

Smith of the 25th Hudgens of the 47th GREENE COUNTY

A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

Senator Price of the 56th asked unanimous consent that consideration of the Local Calendar be postponed until Monday, February 3, 2003. The consent was granted and consideration of the Local Calendar was postponed.

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The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334
January 31, 2003

MEMO TO:

Honorable Frank Eldridge Secretary of the Senate

FROM:

Senator Faye Smith

Although I was sitting at my desk in the Chamber yesterday, January 30, 2003, I failed to respond to roll call. Someone interrupted me to sign on a few local bills, and when I finished the roll call was over.

I would appreciate it if the roll call could be corrected. Thank you very much.

/s/ Faye Smith

The State Senate Atlanta, Georgia 30334
January 31, 2003
The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
Please let the Journal for today's proceedings reflect that I was absent from the Chamber due to pressing business away from the Capitol.
I attempted to leave a message last night, however, the voice mail was not activated on my line and I was unable to make contact with my office. This morning I was in a facility where I could not use my cell phone and therefore unable to contact anyone to have me excused.
Thank you for your cooperation in this matter.
Sincerely, /s/ Robert B. Lamutt

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Senator Price of the 56th moved that the Senate stand at ease until 11:00 a.m. and upon the dissolution of the Joint Session, pursuant to HR 31, stand in recess until 5:00 p.m., then adjourn until 1:00 p.m., Monday February 3, 2003 and the President announced the motion prevailed at 10:14 a.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Norman Fletcher, Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 32 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
Honorable Norman Fletcher, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows:
Lt. Governor Taylor, Speaker Coleman, President Pro Tem Johnson, our friends of the General Assembly, fellow members of the judicial branch, other elected and appointed officials, ladies and gentlemen.
This is my second State of the Judiciary Address and I thank you for this opportunity. I am also grateful that Georgians have allowed me to continue my service on the Court and for the strong support I received from so many of you in my primary re-election.
I am glad to be able to report that generally the State of Georgia's judiciary is very good, particularly, considering the tight budgetary times of recent years. We have competent, dedicated judges at all levels; judges who take seriously the solemnity of their oaths, their duties and the important roles they play in our form of government.
Today, I am going to briefly inform you about (1) programs that continue to work well; (2) important activities of the past year; (3) and requests that remain important to various segments of our judicial system. But the thrust of my message focuses on what I believe are the two most pressing issues the courts are facing today. And they are also among the most pressing issues facing you and the Governor at this time. I am talking about indigent defense reform and certainty in sentencing, subjects which were topics of Governor Perdue's address to our superior court judges last week. I am encouraged by the Governor's remarks and thank him publicly for his keen interest and support of these vital issues.
AOC/COURT FEES STUDY:
The Administrative Office of the Courts has continued restructuring itself in order to better provide administrative services necessary to meet Judicial Council initiatives and perform requested services not only benefiting the judicial branch but the executive and legislative branches as well. The best example of such service is the court fees study that

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I talked about last year. It was commenced in 2002 because the results of the performance audit of court fees indicated extensive shortcomings in existing collections and distribution processes. You provided the financial resources and I am happy to report that this comprehensive study is on schedule and should be completed within a few weeks. And I have good news. The preliminary report indicates there is significant room for improvement which should result in the collection of additional millions of dollars for distribution to both the general fund and to the specific beneficiary groups designed by statute.
AOC has commenced training municipal court personnel on collection procedures and the proper method of determining and assessing the fees, and a web based fee calculator has been created which provides the tool for local court personnel to accurately assess the fees to the fine.
Additionally, this comprehensive study should provide the information you need to determine what fees should be continued and which should be discontinued or otherwise directed. All together this should result in a significant revenue source to fund vital needs, such as indigent defense.
LEGISLATIVE TRACKING IMPACT STATEMENTS:
As I also reported last year, the Judicial Council adopted a resolution calling for analysis and development of impact statements on proposed legislation relating to the judicial branch. The process was put in place this past session and we are encouraged by both the process and its acceptance. Our web based tracking system and our legislative advisory group now begins its second year providing a comprehensive, coordinated source of information on court related legislation. Each of you should have received a letter in November informing you of this service. We are confident that this system will continue to be a valuable source of information for you.
Its purpose is to provide a tool to help you improve our judicial system. By preventing legislation that further fragments our courts through duplication of services and jurisdiction, you will be moving toward a more efficient and effective judiciary. We urge you to use this service by calling on the Judicial Council for study and advice on any proposed legislation affecting the third branch of government.
COMMISSION ON INTERPRETERS:
As our population has become more diverse, the demand for interpreters in the courts has rapidly expanded. Our Commission on Interpreters has stepped up to the plate and is doing an exceptional job meeting that demand. In the past year it has held regional training sessions around the state to prepare qualified foreign language interpreters to

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serve our courts, and, as a result, the number of qualified interpreters has increased from 55 to 415 individuals covering 21 languages. Additionally, a registry of hearing impaired interpreters is being compiled which will greatly aid our courts.
Justice Carol Hunstein has been a driving force in the development of this vital service and we appreciate her vision and leadership in developing this much needed program.
ADR:
The Alternative Dispute Resolution Commission continues to be a success story as it expands ADR programs in the courts, providing efficient, economical, and quick disposition of disputes through use of mediation and arbitration. We now have programs in 96 counties. In FY 2001 over 24,000 cases were referred by the courts to an ADR process with over 15,000 going through the process. There was an aggregate 66 percent settlement rate, providing a significant positive impact on our overcrowded court dockets.
We are indebted to Justice George Carley for his strong leadership during the development of this program and to Presiding Justice Leah Ward Sears who now provides support and leadership on the Court's behalf with this Commission.
COURTS AUTOMATION:
A study of the current state of courts automation is being conducted by a national consulting firm under contract with the AOC. In a few months we will receive its recommendations on strengthening and improving our automation services to various courts. This should result in heightened accountability to you, who provide the financial resources, and to us as we seek to provide the best services possible with these resources. Additionally, our web design consortium is in its fourth year of operation, providing technical services from colleges and universities to develop web sites for local courts.
EMERGENCY PROCEDURES:
The tragedy of 9-11 caused the courts of this country to rethink the need for emergency procedures. A Judicial Council Task Force, chaired by Justice Hugh Thompson, has developed emergency management procedures for court operations in Georgia. The task force has prepared enabling legislation which will be introduced this session so that the judiciary can be ready for any emergency which disrupts any court in this state.
SPECIALTY COURTS:
Around the country pilot projects have been commenced in specialized areas in order to determine the best method of addressing the needs of today's society. These specialty areas have included drug courts, domestic courts, and business courts.

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We are experimenting with a limited number of drug courts in Georgia. Generally, they have been very successful, and it is now time to consider the development of statewide drug court strategy. This will entail evaluating existing drug courts to determine what we are doing right, where we want to go, and development of standards. The evaluation must also weigh costs and determine what impact efficient operation of drug courts would have on the judiciary, the Department of Corrections, and our parole system.
Currently we are also considering the feasibility of a pilot project to expedite business litigation in our courts. The idea has been proposed by the Corporate Law Section of the State Bar and would be modeled on a similar effort in North Carolina. Mindful of budgetary constraints, we are looking for financial resources outside the state's budget.
JURY SUMMIT:
Jury reform and the health of the jury system were considered at the Georgia Jury Summit held in Augusta this past May. The Council of Superior Court Judges provided the funding and leadership for this program. Recognized national experts participated on the program which focused on problems which are not unique to Georgia and provided insight on how best to address these problems. Juries play a major role in our American justice system, and we thank the Council's president, Judge Carlisle Overstreet, for making this a study that will certainly produce good results.
FAMILIES AND CHILDREN:
The Carl Vinson Institute of Government is assisting the AOC in a needs assessment to improve services to Georgia's children and youth. The goal is to identify untapped resources for youth related court system programs available from the federal government and private sources.
Georgia and the federal government have wisely invested in Georgia's juvenile courts, particularly in process improvement of civil child abuse and neglect cases, and the investment is paying great dividends. A recent report from the National Council of Juvenile and Family Court Judges shows a marked improvement over the past six years in many indicators. These improvements are directly attributable to strategies within the Child Placement Project focusing on education, technology, and raising standards of practice. We are considering applying the success of this project model to all judicial cases that involve children, the most vulnerable citizens affected by the judiciary. We appreciate the dedicated leadership provided the Child Placement Project by its current chair, Justice Harris Hines, and its former chair, Judge Bryant Culpepper.
Family violence remains a pervasive problem in our society. Our state has the tenth highest number of domestic homicides of women by guns in the nation. Regrettably, there were three such homicides in DeKalb County, alone, in the past 7 days.

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The Georgia Commission on Family Violence is doing a great job educating the public and assisting the courts in addressing these issues. Coordinated community responses have been proven to be an effective way to combat domestic violence. We are encouraging all judges to be involved in local efforts to end family violence and to coordinate the response of the courts with law enforcement, healthcare, prosecution, and other important community stake holders who have an investment in ending family violence. We must continue to rein in this most serious problem faced daily by family members.
NONPARTISAN ELECTIONS:
As I said last year, the administration of justice must be cloaked with fairness and impartiality and anything that cast doubts on the system breeds distrust. Since the adoption of our 1983 Constitution, our appellate and superior court judges have been elected in nonpartisan elections and this procedure has served our state well. This year our district attorneys and our probate judges are once again proposing legislation allowing them to be elected on a nonpartisan basis. I understand judges of other levels of courts and solicitors general will also be requesting similar legislation. I again urge you to strongly consider these requests.
LOAN FORGIVENESS:
Last session you enacted legislation recommended by the Georgia Legal Loan Forgiveness Task Force providing the mechanism for a legal loan forgiveness program for young attorneys entering public service as prosecutors, public defenders, and staff attorneys for the State Law Department. Regrettably, no funding was provided for this most worthwhile program. I am pleased to report that presently private sources of funding are being sought, with seed challenge grants already in place. As soon as this state's economic resources are healthy once more, I urge you to adequately fund this program just as you have funded such programs in the medical profession resulting in health care relief in rural Georgia.
The Prosecuting Attorneys Council of Georgia also requested that I express its concerns about the growing disparity between salaries of lawyers working in the offices of district attorneys and solicitors general and the salaries of lawyers working in other departments of government. The Council recognizes that this is not the year for meaningful raises; however, it wants you to be aware of this disparity, as the Council will be requesting help in future fiscal years.
BUDGETARY MATTERS:
The primary role of our courts is to insure: (1) that all citizens have access to the courts; (2) that cases are processed and disposed of as fairly, efficiently, and expeditiously as

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possible; and (3) that justice prevails in both the civil and criminal systems. While our courts will do the best job possible under the circumstances, without adequate funding the wheels of justice will not move as well as you and I would like or as well as the citizens of this state deserve. The judicial branch still receives only about one percent of state revenues. There is no fat in the budget of the current fiscal year or, to my knowledge, in the proposed judicial branch budget for FY 2004. With that said, just as we have in the past year, we will continue to do our duty of insuring justice in Georgia's courts and will continue to live within our meager means. But we hope you will remember our cooperation during these hard times and, when state revenues improve, you will reward the judicial branch with substantial increased funding, as together we continue our quest for a judicial system best structured to meet the needs of the 21st century.
I turn now to those most important issues facing the Judiciary today, certainty in sentencing and indigent defense reform.
CERTAINTY IN SENTENCING:
The Commission on Certainty in Sentencing, co-chaired by Judge Walter Matthews of the Rome Judicial Circuit and Robert E. Keller, District Attorney of the Clayton Judicial Circuit, made its excellent comprehensive report on December 6, 2002.
I have studied the plan and conclude that it strikes a reasonable balance between certainty and discretion. The proposed Georgia guidelines are not like the federal sentencing guidelines, as they are voluntary, giving the trial judges more flexibility to depart when needed and they are much easier to apply. Essentially, they expand options for the courts rather than take them away.
The executive and legislative branches as well as the public have a legitimate need for certainty. On the other hand, however, exercising discretion to tailor sentences that fit the facts of individual cases is an obligation our trial judges recognize. The Commission's plan advances both interests. It will help the Governor and you better manage the state's billion dollar corrections system and insure that there is adequate prison space to house the most violent and habitual offenders. It will also help judges and prosecutors boost the public's confidence in equal justice by insuring that people who have committed similar crimes and have similar criminal backgrounds get similar sentences, without regard to their sex, race, or economic means, or where the case was tried.
Another critical aspect of the Commission's plan involves the sentencing options system. This is most important as it addresses the concerns expressed by judges and prosecutors across Georgia who acknowledge that all too often they are sending to prison people they would not send if they had a credible alternative. The proposed options system would provide that alternative. It would give the courts the ability to sentence low level

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offenders, especially substance abusers, to the Department of Corrections and let Corrections impose penalties for technical violations through an administrative hearing process, without having to come back to court. This would produce a much greater level of accountability for these offenders than traditional probation. This system holds tremendous potential, not only to reduce the drug abuse that ravages our communities, but to cut down on the repeat offenders and probation violators who clog our courtrooms and jails.
The recommendations for certainty in sentencing will not become a workable tool improving our system without the cooperation and joint decisions of all three branches of government. I urge all three to reason together as we seek solutions that will do what is right both for public safety and for the fair and equitable administration of justice.
INDIGENT DEFENSE REFORM:
When I was sworn in as Chief Justice on June 28, 2001, I made meaningful reform of our much maligned indigent defense system my primary goal. It has long been a dream of all those who care so very much about equal justice, including my friend and colleague Justice Robert Benham, who initiated the formation of the Supreme Court's Commission on Indigent Defense. Last year I reported to you about the work of the Commission, composed of trial judges, district attorneys, legislators, bar leaders, and concerned citizens from all walks of life. I also told you that the Commission's findings and recommendations would reach you before the 2003 session; that providing quality indigent defense is not only constitutionally mandated, but also the right thing to do, the moral thing to do; and I begged you to step up to the plate and do the right thing when that report reached you.
Well, that time has come, as the Commission, through its Chair Charles Morgan and its able reporter Associate Dean Paul Kurtz of the University of Georgia School of Law presented its thorough report to the court and the public on December 12, 2002.
The Commission's findings and recommendations were approved and unanimously adopted by the Commission members. They are grounded in the Commission's wellreasoned conclusions based on credible evidence; evidence gathered from the Commission's direct investigation and from the study of a representative cross-section of Georgia's counties, 39 counties total, conducted by an independent consulting firm, nationally recognized for its impartiality and expertise. The recommendations cover all the bases. They acknowledge the principles necessary for a constitutionally sound, fair system. The recommended system insures quality, uniformity, and accountability; a fair system that will guarantee equal justice under the law for all who come before this state's criminal justice system.

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Enabling legislation will reach you this session. That is the first necessary step to reform. I humbly ask you to enact it this year so that we will have in place the structure necessary for this constitutionally fair system, a system that can be gradually implemented and ready to go full speed in 2005, when, hopefully, full state funding is made available. As you study these proposals, please feel free to call on me, commission members, and the state bar committee at any time. We will see that you are provided with copies of the report, answers to your questions, and assist you in every way possible, as you create the fair system recommended by the Commission and fully endorsed by your Supreme Court, and, which I believe, will be fully endorsed by the vast majority of Georgians, because we Georgians believe in fairness.
Most of us are now familiar with Coach Mark Richt's slogan, "Finish the Drill," and we have seen its positive results for the Georgia Bulldogs. I know most of you personally. I know you want to do the right thing. This indigent defense reform package is the right thing to do and this is the time to act. So, let us "Finish the Drill" together and enjoy the reward that flows from doing what our hearts tell us is right. The victory can be and must be ours and it must be now. And this state will be blessed for it.
We are indeed grateful for this opportunity to bring you up to date on the state of the judiciary and to share our visions with you, and we thank you in advance for doing the right thing on indigent defense during this session and for your thoughtful deliberation on certainty in sentencing issues. God be with you in the days to come.
Senator Price of the 56th moved that the Joint Session be hereby dissolved.
The motion prevailed, and the President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 1:00 p.m., Monday, February 3, 2003.

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Senate Chamber, Atlanta, Georgia Monday, February 3, 2003 Eleventh Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Clay of the 37th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 84. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 85. By Senators Hamrick of the 30th, Cagle of the 49th, Kemp of the 3rd, Kemp of the 46th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, so as to increase punishment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 86. By Senators Hudgens of the 47th, Zamarripa of the 36th, Reed of the 35th and Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, so as to

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define certain terms; to revise procedures relative to the creation of the transfer of development rights within or between political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 87. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 88. By Senators Brown of the 26th, Blitch of the 7th, Henson of the 41st, Meyer von Bremen of the 12th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the O.C.G.A., relating to public authorities, so as to change a provision relating to the Georgia Music Hall of Fame Advisory Committee; to change the composition of the Georgia Sports Hall of Fame Authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its responsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to amend Article 1 of Chapter 8 of Title 50 of the O.C.G.A., relating to general provisions relative to the Department of Community Affairs, so as to authorize the department to assist the Georgia Sports Hall of Fame Authority; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 89. By Senators Mullis of the 53rd, Harp of the 16th, Hudgens of the 47th, Balfour of the 9th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of motor vehicle drivers licenses, so as to change certain provisions relating to issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal of

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drivers licenses and reexamination requirements; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 90. By Senators Mullis of the 53rd, Hill of the 4th, Harp of the 16th, Hudgens of the 47th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a moment of quiet reflection in public school classrooms, so as to provide for legislative findings; to change a provision relating to student initiated voluntary prayer; to allow local boards of education to authorize a period of education regarding the personal religious beliefs and experiences of students; to provide for a maximum length of time and a chance for each student to speak or choose silence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 91. By Senators Stephens of the 51st, Lee of the 29th, Price of the 56th, Hamrick of the 30th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SB 92. By Senators Mullis of the 53rd, Williams of the 19th, Balfour of the 9th, Seabaugh of the 28th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governors power to suspend or limit the sale, dispensing, or transportation of firearms in emergencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SR 53. By Senator Dean of the 31st:

A RESOLUTION creating the Senate Music Industry Committee, an interim study committee, and a citizens advisory council thereto; and for other purposes.

Referred to the Economic Development and Tourism Committee.

SR 55. By Senators Tolleson of the 18th, Kemp of the 46th, Hudgens of the 47th, Zamarripa of the 36th, Price of the 56th and others:

A RESOLUTION creating the Joint Study Committee on Prescription Drugs for Seniors; and for other purposes.

Referred to the Health and Human Services Committee.

Senator Harp of the 16th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall

Hamrick Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Levetan Me V Bremen Moody Mullis Price Reed Seabaugh

Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams

Those not answering were Senators:

Harbison (Excused)

Lee

Zamarripa

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153

Senator Zamarripa was off the floor of the Senate when the roll was called and wishes to be recorded as present.
The members pledged allegiance to the flag.
Senator Brush of the 24th introduced the chaplain of the day, Dr. Jack Custer of Evans, Georgia, who offered scripture reading and prayer.
Senator Bulloch of the 11th introduced Wayne Dollar, President of the Georgia Farm Bureau Federation, commended by SR 33, adopted previously. Mr. Dollar addressed the Senate briefly.
Senator Tate of the 38th introduced the doctor of the day, Dr. Spencer Brewer.
The following resolution was read and adopted:
SR 63. By Senators Johnson of the 1st, Price of the 56th, Meyer von Bremen of the 12th, Starr of the 44th, Stephens of the 51st and others:
A RESOLUTION expressing sorrow at the tragic loss of the space shuttle Columbia and its crew; and for other purposes.
Senator Johnson of the 1st, President Pro Tempore, spoke to the Resolution. The Senate observed a moment of silence in memory of the crew members of the Columbia.
The following resolutions were read and adopted:
SR 52. By Senator Dean of the 31st:
A RESOLUTION honoring and expressing appreciation to former Speaker of the House Thomas B. Murphy; and for other purposes.
SR 54. By Senators Hill of the 4th, Johnson of the 1st and Meyer von Bremen of the 12th:
A RESOLUTION recognizing Community Health Centers Day; and for other purposes.

The following Local bills, having been postponed on Friday, January 31, 2003 were continued upon their passage:

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SENATE LOCAL CONSENT CALENDAR Monday, February 3, 2003 Eleventh Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 9

Johnson of the 1st

Thomas of the 2nd

CHATHAM COUNTY

A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 42 HB 44

Smith of the 25th Hudgens of the 47th GREENE COUNTY
A BILL to provide homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; and for other purposes.
Smith of the 25th Hudgens of the 47th GREENE COUNTY
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the

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assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

Senator Smith of the 25th asked unanimous consent that HB 42 be committed to the Senate State and Local Governmental Operations Committee.

The consent was granted, and HB 42 was committed to State and Local Governmental Operations.

Senator Smith of the 25th asked unanimous consent that HB 44 be committed to the Senate State and Local Governmental Operations Committee.

The consent was granted, and HB 44 was committed to State and Local Governmental Operations.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 52, nays 0.

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The legislation on the Local Consent Calendar, except HB 42 and HB 44 which were recommitted, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

I was present but was not fast enough. I support the vote on the local calendar.

/s/ Liane Levetan

SENATE RULES CALENDAR MONDAY, FEBRUARY 3, 2003 ELEVENTH LEGISLATIVE DAY

SB 7

Emergency Vehicles; Air Ambulance Services; licensure and regulation

(PS&HS-50th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage:

SB 7. By Senators Jackson of the 50th, Mullis of the 53rd, Butler of the 55th, Starr of the 44th and Gillis of the 20th:

A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensure and regulation of air ambulance services; to provide for definitions; to exempt air ambulances and air ambulance services from a certain program; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch

E Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 2:06 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 4, 2003 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 93. By Senators Jackson of the 50th and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to revise the address of one of the recognized tribes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 94. By Senators Williams of the 19th, Johnson of the 1st, Price of the 56th and Blitch of the 7th:
A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 95. By Senators Butler of the 55th, Fort of the 39th, Thomas of the 10th, Reed of the 35th, Henson of the 41st and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement

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159

officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 96. By Senators Unterman of the 45th, Thomas of the 54th, Price of the 56th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 97. By Senators Hamrick of the 30th, Seabaugh of the 28th, Hall of the 22nd and Clay of the 37th:
A BILL to be entitled an Act to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, or writings from the real estate transfer tax, so as to provide additional exemptions from the real estate transfer tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 98. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 47-2-245 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for secretaries of appellate court judges, superior court judges, and district attorneys for certain prior service, so as to extend the period during which such service may be obtained; to provide for an

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effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 99. By Senators Clay of the 37th, Tanksley of the 32nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local five mill share funds, so as to provide that the dollar amount of the five mill share for local school systems with a rate of taxation equal to or greater than 20 mills shall be capped at the dollar amount for five mills in fiscal year 2003 or the fiscal year in which the rate of taxation was increased to 20 mills; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 100. By Senators Clay of the 37th, Tanksley of the 32nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local five mill share funds, so as to authorize certain local school systems to apply 20 percent of the systems five mill share to capital expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SR 60. By Senator Unterman of the 45th:
A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.
Referred to the Transportation Committee.
SR 66. By Senator Brown of the 26th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.
Referred to the Transportation Committee.

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161

SR 67. By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 16th:

A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.

Referred to the Transportation Committee.

SR 69. By Senator Blitch of the 7th:

A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 14

Do Pass as amended

Respectfully submitted, Senator Bulloch 11th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 23

Do Pass by substitute

Respectfully submitted, Senator Thomas 54th District, Chairman

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Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 50

Do Pass by substitute

Respectfully submitted, Senator Lamutt of the 21st District, Chairman

Senator Thomas of the 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Adelman Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall

Harbison Harp Henson Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh

Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Balfour Kemp, R. (Excused)

Hamrick

Hill

Thomas, N. (Excused)

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163

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators: Balfour

Hill

The members pledged allegiance to the flag.

Senator Zamarripa of the 36th introduced the chaplain of the day, Reverend Caroline Kelly of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Mullis of the 53rd introduced Chief Carl Smith, President of the Georgia Association of Fire Chiefs, commended by SR 48, adopted previously. Chief Smith addressed the Senate briefly.
Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Robert G. Higgins.

The following resolutions were read and adopted:

SR 56. By Senator Jackson of the 50th:

A RESOLUTION commending the Franklin County High School automotive class; and for other purposes.

SR 57. By Senator Jackson of the 50th:

A RESOLUTION commending Anne Chandler Phillips for exemplary professionalism and leadership as the Director of Elections in Hall County, Georgia; and for other purposes.

SR 58. By Senator Jackson of the 50th:

A RESOLUTION commending Dr. Orval Porter of Habersham County as Georgia's Superintendent of the Year for 2003; and for other purposes.

SR 59. By Senator Jackson of the 50th:

A RESOLUTION commending the astonishing athletic abilities of Tasha Humphrey; and for other purposes.

SR 61. By Senator Unterman of the 45th:

A RESOLUTION commending the City of Loganville, Georgia; and for other purposes.

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SR 62. By Senator Unterman of the 45th:

A RESOLUTION commending Dr. W. Ron Sailor, Sr.; and for other purposes.

SR 64. By Senators Crotts of the 17th, Starr of the 44th and Thomas of the 10th:

A RESOLUTION commending Erin A. Mordecai; and for other purposes.

SR 65. By Senators Crotts of the 17th, Starr of the 44th and Thomas of the 10th:

A RESOLUTION commending Stephen J. Bain; and for other purposes.

SR 68. By Senator Hooks of the 14th:

A RESOLUTION commending Mrs. Francis Baldwin Maxwell; and for other purposes.

SR 70. By Senator Clay of the 37th:

A RESOLUTION commending Color of Public Safety (COPS); and for other purposes.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the House:

HB 142.

By Representatives Floyd of the 132nd, Shaw of the 143rd, Parrish of the 102nd, Royal of the 140th, Channell of the 77th and others:

A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to provide for reasonable attorney's fees; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; and for other purposes.

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165

Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then pursuant to HR 91, adjourn until 1:00 p.m., Monday, February 10, 2003. At 10:47 a.m. the President announced that the motion prevailed.
The Senate adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Monday, February 10, 2003 Thirteenth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th 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 Senate legislation was introduced, read the first time and referred to committee:
SB 101. By Senators Adelman of the 42nd, Tanksley of the 32nd, Reed of the 35th, Hamrick of the 30th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons required to register under Code Section 42-1-12 as a result of a conviction of a crime against minors or of sexual violence or as a result of having been declared a sexually violent predator shall not reside within a certain proximity to schools and areas where minors congregate; to provide definitions; to provide for related matters; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 102. By Senators Clay of the 37th, Meyer von Bremen of the 12th, Tanksley of the 32nd, Reed of the 35th, Harp of the 16th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the O.C.G.A., relating to the legal defense of indigents, so as to create the Georgia Indigent Defense Board; to provide for membership; to provide that on September 30, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to amend Title 15 of the O.C.G.A., relating to courts, so as to strike references to the Georgia Indigent Defense Council; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Code Section 36-32-1 of the O.C.G.A., relating to the establishment of

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municipal courts; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 103. By Senator Lamutt of the 21st:
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the O.C.G.A., relating to computer systems protection, so as to create the offense of computer trespass in the second degree; to enact the "Internet and Computer Safety Act"; to provide definitions; to provide for the offense of obscene Internet contact with a child; to provide for the offense of harassing e-mails; to provide penalties; to amend Article 2 of Chapter 5 of Title 17 of the O.C.G.A., relating to searches with warrants; to amend Code Section 16-11-37, relating to terroristic threats, so as to make it unlawful to use a computer or other electronic means to make terroristic threats; to amend Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to obscenity and related offenses; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 104. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to increase the maximum service charge; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 105. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to increase the maximum service charge; to change provisions relating to mailing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 106. By Senators Brown of the 26th, Henson of the 41st and Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, assist, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 107. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns as to gross proceeds, so as to change certain provisions regarding dealers returns; to provide for collection of certain data; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 108. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 10 of Title 45 of the O.C.G.A., relating to codes of ethics and conflicts of interest, so as to provide for comprehensive revision of provisions regarding ethics and conflicts of interest; to change certain provisions establishing a code of ethics for government service; to change certain provisions establishing a code of ethics for members of boards, commissions, and authorities; to provide for recusal in certain proceedings; to provide for powers, duties, and authority of the State Ethics Commission and the Attorney General; to provide for civil and criminal penalties; to provide for restrictions with respect to lobbying; to provide for restrictions with respect to nepotism; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

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169

SB 109. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for ethics reforms; to change certain provisions regarding public officials conduct and lobbyist disclosure; to change certain provisions regarding definitions; to provide for additional filing and disclosure requirements; to provide for additional eligibility requirements regarding certain public offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 110. By Senators Williams of the 19th, Collins of the 6th and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SR 85. By Senators Lee of the 29th, Stephens of the 51st and Thomas of the 2nd:
A RESOLUTION expressing support of the Governor of the State of Georgia and urging the Attorney General to dismiss the appeal in Georgia v. Ashcroft; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 142. By Representatives Floyd of the 132nd, Shaw of the 143rd, Parrish of the 102nd, Royal of the 140th, Channell of the 77th and others:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to provide for reasonable attorney's fees; to provide for certain exceptions and limitations consistent with federal law; to provide the

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Department of Banking and Finance with express authority to promulgate rules and regulations; and for other purposes.

Referred to the Banking and Financial Institutions Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 53

Do Pass by substitute

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 31

Do Pass by substitute

SB 73

Do Pass as amended

Respectfully submitted, Senator Crotts of the 17th District, Chairman

Mr. President:

The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 103 HB 104 HB 105

Do Pass Do Pass Do Pass

SB 12 SB 83

Do Pass Do Pass by substitute

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

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171

The following legislation was read the second time:

SB 14

SB 23

SB 50

The following communications were received by the Secretary:

Senator Chuck Clay Senator District 37 323-A LOB Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 5, 2003

Dear Senator Clay:

The Committee on Assignments would like to request that you serve as Chairman of the Interstate Cooperation Committee in addition to your standing committees.

Sincerely,

/s/ Eric Johnson President Pro Tempore

The State Senate Atlanta, Georgia 30334
February 5, 2003

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:

The Committee on Assignments has added Senator Eric Johnson as an ex-officio member of the Ethics Committee.

Sincerely,

/s/ Eric Johnson President Pro Tempore

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Senator Terrell Starr Senate District 44 420-C State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 5, 2003

Dear Senator Starr:

The Committee on Assignments would like to request that you serve as an ex-officio member of the Banking and Financial Institutions Committee in addition to your standing committee.

Sincerely,

/s/ Eric Johnson President Pro Tempore
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334

The General Assembly State Capitol Atlanta

Dear Lieutenant Governor Taylor:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jon Burns was elected as a member of the State Transportation Board from the Twelfth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.

Respectfully submitted,

/s/ Don Cheeks Senator, District 23 Chairman

/s/ Keith Heard Representative, District 75 Secretary

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173

The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Jon Burns has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Twelfth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334

The General Assembly State Capitol Atlanta

Dear Lieutenant Governor Taylor:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Ward Edwards was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.

Respectfully submitted,

/s/ Hugh Gillis Senator, District 20 Chairman

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/s/ Faye Smith Senator, District 25 Secretary

The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Ward Edwards has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Third Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives

The General Assembly State Capitol Atlanta
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mike Evans was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.

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175

Respectfully submitted,
/s/ Bill Stephens Senator, District 51 Chairman
/s/ Amos Amerson Representative, District 9 Secretary

The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Mike Evans has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Tenth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334

The General Assembly State Capitol Atlanta

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Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable W. P. Billy Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Jimmy Skipper Representative, District 116th Chairman
/s/ Carolyn Hugley Representative, District 113 Secretary

The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable W. P. Billy Langdale has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Second Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives

The General Assembly State Capitol Atlanta

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177

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana L. Lemon was elected as a member of the State Transportation Board from the Thirteenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Terrell Starr Senator, District 44 Chairman
/s/ Barbara Bunn Representative, District 63 Secretary

The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Dana L. Lemon has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Thirteenth Congressional District for a term of five years and until her successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives

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The General Assembly State Capitol Atlanta
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emory McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Doug Teper Representative, District 42, Post 1 Chairman
/s/ Nadine Thomas Senator, District 10 Secretary
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Emory McClinton has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Fifth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2003, and expiring April 15, 2008.
This 4th day of February, 2003.
/s/ Mark Taylor President of the Senate

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179

/s/ Terry Coleman Speaker, House of Representatives

Senator Kemp of the 46th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Johnson of the 1st asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Dean of the 31st asked unanimous consent that Senator Gillis of the 20th be excused. The consent was granted, and Senator Gillis was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Hall Hamrick

Harbison Harp Henson Hill Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Moody Mullis Price

Seabaugh Seay Smith,F Smith,P Squires Stephens Stokes Tanksley Tate Thomas,D Thomas,R Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Brown Hooks Shafer (Excused) Thompson

Gillis (Excused) Meyer von Bremen Starr (Excused)

Golden (Excused) Reed Thomas, N. (Excused)

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Senator Harp of the 16th asked unanimous consent that Senators Hooks of the 14th and Meyer von Bremen of the 12th be excused. The consent was granted, and Senators Hooks and Meyer von Bremen were excused.
Senator Reed was off the floor of the Senate when the roll was called and wishes to be recorded as present.
The members pledged allegiance to the flag.
Senator Mullis of the 53rd introduced the chaplain of the day, Pastor John D. Smith of Trenton, Georgia, who offered scripture reading and prayer.
Senator Unterman of the 45th introduced the doctor of the day, Dr. Gary Orris.
The following resolution was read and adopted:
SR 86. By Senators Starr of the 44th and Seay of the 34th:
A RESOLUTION commending the Clayton County PRIDE Team; and for other purposes.
Senator Seay of the 34th introduced a group of students from the Clayton County PRIDE Team, commended by SR 86.
The following resolutions were read and adopted:
SR 71. By Senator Tolleson of the 18th:
A RESOLUTION recognizing and commending Petty Officer David Wilson, Sr., on the occasion of his retirement; and for other purposes.
SR 72. By Senator Tolleson of the 18th:
A RESOLUTION commending Corey Lumpkin; and for other purposes.
SR 73. By Senators Kemp of the 46th, Johnson of the 1st and Hudgens of the 47th:
A RESOLUTION recognizing and commending the Athens Area Chamber of Commerce on its 100th anniversary; and for other purposes.

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181

SR 74. By Senators Kemp of the 46th, Hudgens of the 47th, Johnson of the 1st, Price of the 56th, Balfour of the 9th and others:
A RESOLUTION commending the 2002 University of Georgia football team; and for other purposes.
SR 75. By Senators Kemp of the 46th, Hudgens of the 47th, Gillis of the 20th, Cheeks of the 23rd, Hooks of the 14th and others:
A RESOLUTION recognizing and commending Hugh Logan for his outstanding public service; and for other purposes.
SR 76. By Senators Brush of the 24th, Crotts of the 17th and Jackson of the 50th:
A RESOLUTION commending all cosmetologists, nail technicians, estheticians, barbers, and other cosmetology related providers and acknowledging February 10, 2003, and henceforth annually as "Cosmetology and Barbers Day in Georgia"; and for other purposes.
SR 77. By Senators Kemp of the 46th, Hudgens of the 47th, Tolleson of the 18th, Hooks of the 14th and Johnson of the 1st:
A RESOLUTION recognizing and commending Doc Eldridge for his outstanding public service; and for other purposes.
SR 78. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Linda Ford for her outstanding public service; and for other purposes.
SR 79. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Alvin Sheats for his outstanding public service; and for other purposes.
SR 80. By Senators Johnson of the 1st, Price of the 56th, Meyer von Bremen of the 12th, Smith of the 52nd, Stephens of the 51st and others:
A RESOLUTION commending Coach Mark Richt; and for other purposes.

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SR 81. By Senators Mullis of the 53rd, Bowen of the 13th, Thomas of the 54th, Seay of the 34th and Reed of the 35th:
A RESOLUTION recognizing and commending accredited fire and emergency service agencies of Georgia, and in observance of the 31st Annual Firefighters' Recognition Day; and for other purposes.
SR 82. By Senators Crotts of the 17th and Hudgens of the 47th:
A RESOLUTION commending Jodi Lynn Dyer; and for other purposes.
SR 83. By Senator Butler of the 55th:
A RESOLUTION commending Positive Growth, Incorporated; and for other purposes.
SR 84. By Senator Cheeks of the 23rd:
A RESOLUTION commending George A. Christenberry; and for other purposes.
SR 87. By Senator Squires of the 5th:
A RESOLUTION recognizing one hundred years of Korean immigration to the United States and the importance of the Korean community to the State of Georgia; and for other purposes.
Senator Price of the 56th asked unanimous consent that the following bill be withdrawn from the Senate Education Committee and committed to the Senate Science and Technology Committee:
SB 52. By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 52 was committed to Science and Technology.

MONDAY, FEBRUARY 10, 2003

183

SENATE RULES CALENDAR MONDAY, FEBRUARY 10, 2003 THIRTEENTH LEGISLATIVE DAY

SB 6

Vehicles stopped by law enforcement during nighttime hours; driver and

passengers remain in vehicle (PS&HS-17th)

Respectfully submitted, /s/ Balfour of the 9th, Chairman
Senate Rules Committee

Senator Crotts of the 17th asked unanimous consent that SB 6 be committed to the Senate Public Safety and Homeland Security Committee.

The consent was granted, and SB 6 was committed to Public Safety and Homeland Security.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 1:49 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 11, 2003 Fourteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the House:

HB 167.

By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st, Jordan of the 83rd, Buckner of the 82nd and others:

A BILL to provide for the division and allocation of duties among the judges of the superior courts of the Clayton Judicial Circuit; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 111. By Senators Tanksley of the 32nd and Unterman of the 45th:

A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to add a definition; to provide that a coroner or county medical examiner conduct an investigation; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

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185

SB 112. By Senators Hill of the 4th and Tate of the 38th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to establish the Georgia Seniors Prescription Drug Benefit Program within the Department of Community Health to reduce prescription drug prices for residents of the state age 55 and over; to provide for the commissioner of community health to negotiate rebates with drug manufacturers; to require retail pharmacies that participate in the program to discount the price of drugs covered by a rebate agreement; to provide for participating pharmacies to submit claims and receive reimbursement for discounted prices; to provide for resolution of discrepancies in rebate amounts; to establish a dedicated fund for rebates; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 113. By Senators Kemp of the 46th, Tolleson of the 18th, Zamarripa of the 36th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to government meetings that are not required to be open to the public; to provide that certain requests for records be required to be in writing; to change certain provisions relating to exceptions from the requirements of disclosure of public records; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 114. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits for certain law enforcement personnel under the Employees Retirement System of Georgia, so as to increase the retirement benefit for certain law enforcement officers; to reduce the retirement age for such members; to provide for creditable service for certain prior service; to provide for application and payment of contributions; to provide for an additional employee membership contribution; to provide for a maximum retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

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SB 115. By Senators Hill of the 4th, Seay of the 34th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-5-132 of the Official Code of Georgia Annotated, relating to eligibility and procedures for certification of minority business enterprises, so as to change and simplify certain procedures for certification of minority business enterprises; to change certain information required for certification; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 116. By Senators Hamrick of the 30th, Clay of the 37th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for applicability; to provide for disclosure of evidence and reciprocal discovery; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 117. By Senators Hamrick of the 30th, Tanksley of the 32nd, Thompson of the 33rd, Lee of the 29th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15, relating to sheriffs in general, so as to provide that it shall be unlawful for any sheriff in this state to engage either directly or indirectly in any private security business, any private investigation business, or any bail bond business; to prescribe punishment; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 118. By Senators Hamrick of the 30th, Cagle of the 49th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to provide that the Public Service Commission shall

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187

adopt certain rules with respect to charges for natural gas used in a structure in which broilers, pullets, or other poultry are raised; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 119. By Senators Adelman of the 42nd, Kemp of the 3rd, Meyer von Bremen of the 12th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 5 of the O.C.G.A., relating to procedures for new trial, so as to change certain provisions relating to a motion for new trial where a person is sentenced for a capital crime and DNA testing may be exculpatory; to provide for postconviction requests for DNA testing in cases where a person is sentenced to death; to provide criteria for said motion; to provide for matters related to previous DNA testing; to provide a procedure for the motion and hearing; to amend Code Section 17-5-54 of the O.C.G.A., relating to disposition of personal property in custody of law enforcement agency, so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 90. By Senators Cagle of the 49th, Hudgens of the 47th and Kemp of the 46th:
A RESOLUTION commending Byrd M. Bruce and designating the Byrd M. Bruce Interchange; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 167. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st, Jordan of the 83rd, Buckner of the 82nd and others:
A BILL to provide for the division and allocation of duties among the judges of the superior courts of the Clayton Judicial Circuit; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

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Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 27

Do Pass by substitute

Respectfully submitted, Tanksley of the 32nd District, Chairman

Mr. President:

The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 91

Do Pass as amended

Respectfully submitted, Senator Lee of the 29th District, Chairman

Mr. President:

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SR 85

Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 37

Do Pass by substitute

Respectfully submitted, Senator Williams of the 19th District, Chairman

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189

The following legislation was read the second time:

HB 103 HB 104

HB 105 SB 12

SB 31

SB 53

SB 73

SB 83

Senator Jackson of the 50th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

Senator Smith of the 52nd asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Dean Gillis Hall Hamrick Harbison

Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Smith,F Smith,P Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Crotts (Excused) Shafer (Excused)

Fort Squires (Excused)

Golden (Excused) Thomas, N.

The members pledged allegiance to the flag.

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Senator Harp of the 16th introduced the chaplain of the day, Reverend Denver Craig Rikard of Valdosta, Georgia, who offered scripture reading and prayer.
Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Howard Yager.
Senator Levetan of the 40th introduced the delegation from Korea, commended by SR 87, adopted previously. Korean Consul Duck Lee addressed the Senate briefly. Senator Jackson of the 50th introduced Amy Suzanne Mulkey, Miss Georgia 2002, commended by SR 47, adopted previously. Miss Mulkey addressed the Senate briefly.
Senator Lee of the 29th recognized representatives of PAGE, commended by SR 31, adopted previously. Senator Lee introduced Mr. Preston Howard, President of the Professional Association of Georgia Educators, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 88. By Senator Bowen of the 13th:
A RESOLUTION recognizing and commending Miss Laura Bland, 2003 Georgia Watermelon Queen; and for other purposes.
SR 89. By Senator Thomas of the 2nd:
A RESOLUTION honoring the life of Janie Mae Fields Wright and expressing sympathy at her passing; and for other purposes.
SR 91. By Senator Bowen of the 13th:
A RESOLUTION commending Joel McKie as the Southern Region Vice President of the National Future Farmers of America; and for other purposes.
SR 92. By Senators Dean of the 31st and Hamrick of the 30th:
A RESOLUTION commending Dr. Beheruz N. Sethna; and for other purposes.
SR 93. By Senator Dean of the 31st:
A RESOLUTION to recognize and commend Michelle Earley; and for other purposes.

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SR 94. By Senator Bowen of the 13th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Jimmy Black, Mr. Ferrell Henry, Mr. Don Tucker, Mr. Gene Ford, and Mr. Troy Pullin; and for other purposes.
SR 95. By Senator Hooks of the 14th:
A RESOLUTION expressing regret at the passing of Vivian Greene Bryant; and for other purposes.
SR 96. By Senator Hooks of the 14th:
A RESOLUTION expressing regret at the loss of Clarke W. Duncan; and for other purposes.
SR 97. By Senator Thomas of the 10th:
A RESOLUTION commending all cosmetologists, nail technicians, estheticians, barbers, and other cosmetology continuing education providers and declaring February 10, 2003, and henceforth annually as "Cosmetology and Barbers Day in Georgia"; and for other purposes.
SR 98. By Senator Thomas of the 10th:
A RESOLUTION commending all firefighters, law enforcement personnel, emergency medical technicians, and other public safety providers and declaring February 11, 2003, as "Public Safety Employees Day in Georgia"; and for other purposes.
SR 99. By Senator Harbison of the 15th:
A RESOLUTION paying tribute to Horace King, Master Covered Bridge Builder; and for other purposes.
SR 100. By Senator Smith of the 25th:
A RESOLUTION celebrating the 200th anniversary of the founding of Milledgeville, Georgia; and for other purposes.

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SR 101. By Senator Smith of the 25th:

A RESOLUTION expressing congratulations and best wishes to Matilda Beal Brooks on the occasion of her 100th birthday; and for other purposes.

SR 102. By Senators Thompson of the 33rd and Tanksley of the 32nd:

A RESOLUTION commending The Garden Club of Georgia, Incorporated; and for other purposes.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 11, 2003 FOURTEENTH LEGISLATIVE DAY

SB 14

Agriculture; Georgia Dairy Act violations; penalty provisions (Amendment)(AG&CA-25th)

Respectfully submitted, /s/ Balfour of the 9th, Chairman
Senate Rules Committee

The following legislation was read the third time and put upon its passage:

SB 14. By Senator Smith of the 25th:

A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to change certain provisions relating to authorized imposition of penalties in lieu of other actions in proceedings before the Commissioner; to repeal conflicting laws; and for other purposes.

The Senate Agriculture and Consumer Affairs Committee offered the following amendment:

Amend SB 14 by inserting after "Commissioner;" on line 3 of page 1 the following: "to provide an effective date;".

By redesignating Section 2 as Section 3.

By inserting after Section 1 the following: "SECTION 2.

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193

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

On the adoption of the amendment, the yeas were 35, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay
Collins E Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following communications were received by the Secretary:

February 11, 2003

I voted yes on SB 14 and it did not record on the machine.

/s/ Senator Ginger Collins

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The State Senate Atlanta, Georgia 30334
February 11, 2003
Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
This is to advise you that I, Robert Brown, was present during the 2003 Legislative Session of the Georgia State Senate on Monday, February 10, 2003.
Thank you for your attention in this very important matter.
Sincerely,
/s/ Robert Brown
Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.
The motion prevailed, and the President announced the Senate adjourned at 11:10 a.m.

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195

Senate Chamber, Atlanta, Georgia Wednesday, February 12, 2003 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 108.

By Representatives Ray of the 108th, Floyd of the 132nd, Purcell of the 122nd and Royal of the 140th:

A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; and for other purposes.

HB 140.

By Representatives Buck of the 112th, Boggs of the 145th, Coleman of the 118th, Jenkins of the 93rd and Snow of the 1st:

A BILL to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to limit data on outstanding warrants to certain offenses; and for other purposes.

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HB 265.

By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:

A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 120. By Senators Williams of the 19th, Starr of the 44th and Johnson of the 1st:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that a person who was awarded the Purple Heart citation shall be entitled to a standard Georgia license plate at no charge; to provide that a person who has been awarded a Bronze Star (Valor), Silver Star, or Distinguished Service Cross shall be entitled to receive at no cost a special and distinctive license plate or a standard Georgia license plate; to provide for procedures; to provide for design; to provide for transfer among vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

SB 121. By Senators Williams of the 19th, Jackson of the 50th and Gillis of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of abandoned motor vehicles, so as to provide that the department shall have the authority to regulate the business of nonconsensual towing; to provide that the department shall have the authority to set rates for businesses engaged in nonconsensual towing; to provide for a penalty for violation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

SB 122. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to minimum requirements for rules, regulations, ordinances, or resolutions regarding the control of soil erosion and

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sedimentations, so as to provide that a drainage structure for a public roadway is exempt from the provisions of such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 123. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, so as to clarify the use of standardized forms and a courts ability to modify the form; to specify the sheriffs duties with respect to updating and maintaining the registry; to provide for registry of foreign protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 124. By Senators Hamrick of the 30th, Thomas of the 54th, Hall of the 22nd, Johnson of the 1st, Collins of the 6th and Williams of the 19th:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to change certain penalties for certain unlawful acts involving computer pornography and child sexual exploitation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 125. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign disclosure reports, so as to require that any person who accepts contributions for or makes expenditures on behalf of candidates shall disclose the name of the candidate and the office sought by the candidate for whom such contributions were accepted or expenditures made; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

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SB 126. By Senators Zamarripa of the 36th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for a program of retirement options; to state legislative findings; to provide for development and implementation of options; to provide for concurrent funding and certification of compliance; to provide for restrictions, conditions, and limitations with respect to the filling of positions from which employees retire under such options; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 127. By Senators Cagle of the 49th, Collins of the 6th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 128. By Senators Price of the 56th, Johnson of the 1st, Hudgens of the 47th, Hamrick of the 30th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that, in certain elections, the candidate receiving a majority of the votes cast shall be elected; to change certain provisions regarding definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee (General).
SB 129. By Senators Harp of the 16th, Cagle of the 49th, Lee of the 29th, Gillis of the 20th and Stephens of the 51st:
A BILL to be entitled an Act to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations

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199

of the suitability of sites within the state for on-site sewage management systems; to require certain standards and qualifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 130. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Tate of the 38th, Dean of the 31st, Smith of the 25th and others:
A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salaries of professional educators under the "Quality Basic Education Act," so as to change provisions relating to reduction of local salary supplements; to eliminate provisions allowing reduction of local supplements after public hearing under certain circumstances; to thereby provide that in any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement below the amount received in the immediately preceding fiscal year; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 131. By Senators Brush of the 24th, Tolleson of the 18th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 132. By Senators Squires of the 5th, Tanksley of the 32nd, Meyer von Bremen of the 12th and Clay of the 37th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain provisions relating to reservation of names and filing fees for corporations, nonprofit corporations, limited partnerships, and limited liability

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companies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 133. By Senators Price of the 56th, Johnson of the 1st, Golden of the 8th, Hamrick of the 30th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, Title 9 of the O.C.G.A., relating to civil practice, Title 24 of the O.C.G.A., relating to evidence, Title 50 of the O.C.G.A., relating to state government, and Title 51 of the O.C.G.A., relating to torts, so as to provide for substantive and comprehensive revision of provisions regarding liability in tort actions; to provide for a short title; to change certain provisions regarding interest on judgements; to change certain provisions regarding co-defendants residing in different counties; to change certain provisions regarding dismissal of actions; to change certain provisions regarding expert opinions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 107. By Senators Zamarripa of the 36th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and others:
A RESOLUTION creating the Joint Study Committee on State Retirement Plan Options; and for other purposes.
Referred to the Retirement Committee.
SR 108. By Senators Price of the 56th, Johnson of the 1st, Harp of the 16th, Collins of the 6th, Hudgens of the 47th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for apportionment of the House of Representatives on the basis of singlemember districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.

The following House legislation was read the first time and referred to committee:

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201

HB 108. By Representatives Ray of the 108th, Floyd of the 132nd, Purcell of the 122nd and Royal of the 140th:

A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; and for other purposes.

Referred to the Judiciary Committee.

HB 140. By Representatives Buck of the 112th, Boggs of the 145th, Coleman of the 118th, Jenkins of the 93rd and Snow of the 1st:

A BILL to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to limit data on outstanding warrants to certain offenses; and for other purposes.

Referred to the Judiciary Committee.

HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:

A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 29

Do Pass as amended

Respectfully submitted, Senator Brush of the 24th District, Chairman

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Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 11

Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 46 SB 81 SB 89

Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 33 SR 49

Do Pass Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 77 SR 35

Do Pass Do Pass as amended

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

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203

The following legislation was read the second time:

SB 27

SB 37

SB 91

SR 85

Senator Thompson of the 33rd recognized representatives of the Garden Clubs of Georgia, and introduced the President, Joy Stuart, commended by SR 102, adopted previously. Ms. Stuart addressed the Senate briefly.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall

Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,F Smith,P Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Zamarripa

Those not answering were Senators:

Lee

Squires (Excused)

Williams

In recognition of "Georgia Day" at the Capitol and in celebration of the 207th anniversary of the founding of Georgia as a colony, the Senate was treated to a reenactment of the presentation of Georgia's charter by General James Oglethorpe and his party of escort.

The members pledged allegiance to the flag.

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Senator Seabaugh of the 28th introduced the chaplain of the day, Dr. John Avant of Fayetteville, Georgia, who offered scripture reading and prayer.

Senator Tate of the 38th introduced the doctor of the day, Dr. Matthew Norman.

Senator Kemp of the 46th introduced Mark Richt, football coach of the University of Georgia, commended by SR 80, adopted previously. Coach Richt addressed the Senate briefly.
Senator Kemp of the 46th introduced Vince Dooley, Athletic Director of the University of Georgia, commended by SR 74, adopted previously. Mr. Dooley addressed the Senate briefly.

The following resolutions were read and adopted:

SR 103. By Senator Tolleson of the 18th:

A RESOLUTION commending the Perry High School Future Farmers of America; and for other purposes.

SR 104. By Senator Tolleson of the 18th:

A RESOLUTION commending the Houston County High School Future Farmers of America; and for other purposes.

SR 105. By Senators Meyer von Bremen of the 12th, Hooks of the 14th and Bowen of the 13th:

A RESOLUTION recognizing February 25, 2003, as Albany-Dougherty County Day at the state capitol; and for other purposes.

SR 106. By Senators Meyer von Bremen of the 12th, Hooks of the 14th and Johnson of the 1st:

A RESOLUTION recognizing March 2-8, 2003, as "Women in Construction Week" in Georgia; and for other purposes.

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 12, 2003
FIFTEENTH LEGISLATIVE DAY

SB 12

Disabled Adults and Elder Persons; penalties for abuse, neglect, and exploitation of (S JUDY-45th)

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SB 53

Ga Fair Lending Act; amend provisions (Substitute)(Amendment) (B&FI-23rd)

SB 73

State property; naming/renaming for a public official; 5 year restriction (Amendment)(ETHICS-24th)

SB 83

County law libraries; board of trustees; DA membership; use of collected funds (Substitute)(S JUDY-44th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage:

SB 12. By Senators Unterman of the 45th, Balfour of the 9th and Squires of the 5th:

A BILL to be entitled an Act to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons to a felony; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan

Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 53. By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:

A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Banking and Financial Institutions Committee offered the following substitute to SB 53:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for changes in and exclusions from the definition of creditor; to exclude certain fees from the definition of points and fees; to specify when and against whom a borrower may assert claims and defenses for violations of the Act; to provide for limits on liability for violations of the Act under certain circumstances; to provide for the application of federal law to certain loans; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," is amended by striking paragraph (7) of Code Section 7-6A-2, relating to definitions, and inserting in its place the following:
"(7) 'Creditor' means a person who both regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments and is a person to whom the debt arising from a home loan transaction is

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initially payable or a person who purchases or is assigned a home loan. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly solicits, processes, places, or negotiates home loans for others or offers to solicit, process, place, or negotiate home loans for others or who closes home loans which may be in the persons own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans, provided that creditor. Creditor shall not include: (A) a servicer; (B) any state or local housing finance agency or any other state or local governmental or quasigovernmental entity; or (C) a person who is an attorney providing legal services in association with the closing of a home loan."
SECTION 2. Said chapter is further amended by striking subparagraph (G) of paragraph (13) of Code Section 7-6A-2, relating to definitions, and inserting in its place the following:
"(G) Points and fees shall not include: (i) Taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; (ii) Bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor for the following: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspections performed prior to closing; credit reports; surveys; attorneys fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions in 12 C.F.R. 226.4(d)(2) are met.; (iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority."
SECTION 3. Said chapter is further amended by striking Code Section 7-6A-6, relating to affirmative claims against creditors, and inserting in its place the following:
"7-6A-6. (a) Notwithstanding any other provision of law, where a home loan was made, arranged, or assigned by a person selling home improvements to the dwelling of a borrower, the borrower may assert against the creditor, any assignee, or holder in any capacity all affirmative claims and any defenses that the borrower may have against the seller or home improvement contractor, provided that this subsection shall not apply to

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loans other than high-cost home loans unless applicable law requires a certificate of occupancy, inspection, or completion to be obtained and said certificate is not obtained. (b) Notwithstanding any other provision of law, any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or creditors of the loan, provided that this subsection shall not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that a reasonable person exercising reasonable due diligence could not determine that the mortgage was a high-cost home loan. It shall be presumed that a purchaser or assignee has exercised such due diligence if the purchaser or assignee demonstrates by a preponderance of the evidence that the purchaser or assignee:
(1) Has in place at the time of the acquisition of the subject loan, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loan; (2) Requires by contract that a seller or assignor of the home loan to the purchaser or assignee represents and warrants to the purchaser or assignee that either (A) the seller or assignor will not sell or assign any high-cost home loan to the purchaser or assignee or (B) that such seller or assignor is the beneficiary of such a representation and warranty from a previous seller or assignor; and (3) Exercises reasonable due diligence at the time of purchase or assignment of the home loan, or within a reasonable period of time from the purchase or assignment of the home loan thereafter, intended to determine that the home loan is not a high-cost home loan; or (4) Satisfies the requirements in paragraphs (1) and (2) of this subsection and establishes that a reasonable person exercising ordinary due diligence could not determine, based on the documentation required by 15 U.S.C. Section 1601, et seq., and the itemization of the amount financed and other disclosure disbursements, that the loan was a high-cost home loan. (c) Notwithstanding any other provision of law, but limited to amounts required to reduce or extinguish the borrowers liability under the home loan plus amounts required to recover costs including reasonable attorneys fees, a borrower of a covered home loan, after notice of acceleration or foreclosure of the loan or if in default more than 60 days, may assert a violation of this chapter against any creditor or servicer by way of offset in an original action, as a claim to enjoin foreclosure, as a defense or counterclaim to an action to collect amounts owed, or to preserve or obtain possession of the home secured by the home loan acting only in an individual capacity may assert against the creditor or any subsequent holder or assignee of the covered home loan: (1) Within five years of the closing of a covered home loan, a violation of this chapter in connection with the loan as an origianl action or as a defense, claim, or counterclaim after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default; and

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(2) At any time during the term of a high-cost home loan, after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default any defense, claim, or counterclaim. (d) It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by dividing any loan transaction into separate parts or structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan or engaging in any other subterfuge with the intent of evading any provision of this chapter. (e) Nothing in this Code section shall be construed to limit the substantive rights, remedies, or procedural rights available to a borrower against any creditor, assignee, or holder under any other law. The limitations on assignee liability in subsection (b) of this Code section shall not apply to the assignee liability in subsection (c) of this Code section."
SECTION 4. Said chapter is further amended by adding a new Code Section 7-6A-12 to read as follows:
"7-6A-12. The provisions of this chapter shall not apply to any loan originated by any bank, trust company, savings and loan, savings bank, or credit union, respectively, that is chartered under the laws of this state or, if chartered by another state, abides by other provisions of Georgia law to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively; provided, however, that the loan is not originated or brokered by an independent mortgage broker."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senators Cheeks of the 23rd, Stokes of the 43rd, Harbison of the 15th, Crotts of the 17th, Shafer of the 48th and others offered the following amendment:
Amend the Senate committee substitute to SB 53 by inserting "to provide an effective date;" following "matters;" on line 6 of page 1.
By striking lines 5 through 14 of page 3 and inserting in lieu thereof the following:

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"(1) Has in place at the time of the acquisition of the subject loans, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loans; (2) Requires by contract that a seller or assignor of the home loans to the purchaser or assignee represents and warrants to the purchaser or assignee that either (A) the seller or assignor will not sell or assign any high-cost home loans to the purchaser or assignee or (B) that such seller or assignor is the beneficiary of such a representation and warranty from a previous seller or assignor; and (3) Exercises reasonable due diligence at the time of purchase or assignment of any home loans, or within a reasonable period of time from the purchase or assignment of home loans thereafter, intended to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home loans;".
By striking lines 16 through 24 on page 4 and inserting in lieu thereof the following: "The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, or credit union, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected; provided, however, the provisions of this chapter, including subsection (f) of Code Section 7-6A7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally chartered bank, trust company, savings and loan, savings bank, or credit union.'
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6."
On the adoption of the amendment, the yeas were 47, nays 0, and the Cheeks, et al. amendment was adopted.
On the adoption of the substitute, the yeas were 50, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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211

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Cheeks of the 23rd asked unanimous consent that SB 53 be immediately transmitted to the House. The consent was granted, and SB 53 was immediately transmitted.

SB 73. By Senators Brush of the 24th, Johnson of the 1st and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she has been out of office for at least five years; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Ethics Committee offered the following amendment:

Amend SB 73 by inserting after the word "she" on line 3 of page 1 the following: "is deceased or"
By striking line 15 of page 1 and inserting in lieu thereof the following:

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"public official unless the public official is deceased or until he or she has been out of office for at least five years, and"

On the adoption of the amendment, the yeas were 45, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch Y Bowen
Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Harbison Y Harp Y Henson N Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer
Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 83. By Senators Starr of the 44th, Meyer von Bremen of the 12th, Seay of the 34th and Clay of the 37th:

A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the membership of the boards of trustees of such libraries; to provide that funds collected for such libraries may be used to provide a law library for the district attorney of the judicial circuit, the solicitor-general of the state court, or the

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public defender; to provide that excess funds may be used to provide legal representation for indigent defendants; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
The Senate Special Judiciary Committee offered the following substitute to SB 83:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the membership of the boards of trustees of such libraries; to provide that funds collected for such libraries may be used to provide a law library for the district attorney of the judicial circuit, the solicitor-general of the state court, or the public defender; to provide that excess funds may be used to provide legal representation for indigent defendants; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking Code Section 36-15-1, relating to boards of trustees of county law libraries, in its entirety and inserting in lieu thereof the following:
"36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located, the judge of the probate court, the senior judge of the state court, if any, the district attorney of the circuit in which the county is located, a solicitor-general of the state court, if any, the clerk of the superior court, and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board."
SECTION 2. Said chapter is further amended by inserting after subsection (b) of Code Section 36-157, relating to the use of law library funds, a new subsection (b.1) and by striking subsection (c) and inserting in lieu thereof the following:
"(b.1) In addition to the uses specified in subsection (a) of this Code section, the board of trustees of a county law library shall be authorized to use funds to establish a law library or libraries for the district attorney of the superior courts of the judicial circuit in which the county lies, the solicitor-general of the state court, if any, and the public

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defender, if any. A request for the establishment of one or more such libraries shall be made to the board of trustees by the district attorney of the judicial circuit, the solicitor-general of the state court of such county, or the public defender for the county. It shall be in the discretion of the board of trustees of each county whether to grant the request. In the case of the district attorney or a solicitor-general or public defender serving more than one county, any one or more county boards of trustees in the judicial circuit may participate in the establishment of the law library or libraries and, for the purpose of such participation, may enter into agreements regarding the proportional share of expenditures to be borne by each county board of trustees. Purchases made from county law library funds under this subsection shall not duplicate the law books and materials supplied by the state or by other sources to any solicitor-general or district attorney or any public defender as may be provided for in the future. Such purchases shall become the property of the office of the solicitor-general, district attorney, or public defender, respectively, and subject to the provisions of Chapter 6 of Title 45 and Article 6 of Chapter 16 of Title 50. (c) In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be granted to charitable tax exempt organizations which provide civil legal representation for lowincome people. Any remaining excess funds shall be turned over to the county commissioners, and said funds shall be used by the county commissioners providing legal representation to indigent persons accused of crimes and for the purchase of fixtures and furnishings for the courthouse."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 1, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B

Y Seay Y Shafer
Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley

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Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution was read and put upon its adoption:

SR 110. By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:

A RESOLUTION relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Tuesday, February 18, 2003, and shall reconvene on Monday, February 24, 2003.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the resolution, the yeas were 47, nays 0, and the resolution was adopted.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:14 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 13, 2003 Sixteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 91.

By Representative Oliver of the 56th, Post 2:

A BILL to enact the "2003 Fairness in Arbitration Act"; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a challenge to the neutrality of an arbitrator; to provide for vacation of an arbitration award based on an arbitrator's manifest disregard of the law; and for other purposes.

HB 177.

By Representatives Powell of the 23rd, Stoner of the 34th, Post 1, Porter of the 119th, DeLoach of the 127th and Boggs of the 145th:

A BILL to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to add certain definitions; to provide requirements for nonresident licenses; and for other purposes.

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HB 266.

By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:

A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed retirement under the Public School Employees Retirement Fund, so as to provide that, under certain conditions, the board of trustees of such retirement fund may increase the retirement benefit; to clarify the effect of specific appropriations in amounts less than that required to fund fully the maximum level of benefits; and for other purposes.

HB 268.

By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:

A BILL to amend Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of dues paid by members of such fund; and for other purposes.

HB 270.

By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:

A BILL to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges of the Probate Courts Retirement Fund, so as to provide that if a member submits his or her application for retirement more than 90 days following the date he or she leaves service, benefits shall begin on the first day of the month after such application was submitted; and for other purposes.

HB 288. By Representative Boggs of the 145th:

A BILL to amend an Act creating the Ware County Water and Sewer Authority, so as to change the name of the authority; to change the number of persons initially appointed to the authority; to change the method of appointing successors to and filling vacancies on the authority; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

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SB 134. By Senators Cagle of the 49th, Jackson of the 50th and Unterman of the 45th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 135. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SB 136. By Senators Butler of the 55th, Henson of the 41st, Levetan of the 40th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay the operating costs until June 20, 2008; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 137. By Senators Henson of the 41st, Adelman of the 42nd and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide material standards for certain roofing of state owned buildings and facilities; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

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219

SB 138. By Senators Brush of the 24th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for riders, so as to change provisions relating to the use of protective headgear for motorcycle operators and riders; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 139. By Senators Brush of the 24th, Thomas of the 10th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 140. By Senators Jackson of the 50th, Golden of the 8th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to prohibited acts as to archeological, aboriginal, prehistoric, or historic sites, notification of the state archeologist before beginning the investigation or disturbance of a site, and penalties, so as to provide an exemption from the prohibition against disturbing certain submerged archeological, aboriginal, prehistoric, or historic sites; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 141. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 47-3-66 of the O.C.G.A., relating to the membership in the Teachers Retirement System of Georgia, of teachers who were employed by independent school systems, creditable service, employee and employer contributions, and the effect of failure to pay

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required contributions, so as to provide that certain members of such retirement system may obtain creditable service for certain prior service with an independent school system; to amend Code Section 47-3-87.1 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in independent school systems prior to, but not later than, June 30, 1979, so as to provide that such credit may be obtained at any time; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 142. By Senator Tate of the 38th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 65 years of age or over and whose income does not exceed $60,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 143. By Senators Brush of the 24th, Clay of the 37th and Price of the 56th:
A BILL to be entitled an Act to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for mandatory training of school bus drivers; to provide for a short title; to provide for policies and procedures regarding the operation of school buses; to require school buses to adhere to published times; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the equipment required on school buses; to provide for certain procedures to be followed by school bus drivers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 144. By Senators Crotts of the 17th, Smith of the 52nd, Brush of the 24th, Kemp of the 46th, Tolleson of the 18th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to transfer

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certain functions relative to the filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 145. By Senators Balfour of the 9th, Thomas of the 54th, Stokes of the 43rd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

The following House legislation was read the first time and referred to committee:

HB 91. By Representative Oliver of the 56th, Post 2:
A BILL to enact the "2003 Fairness in Arbitration Act"; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a challenge to the neutrality of an arbitrator; to provide for vacation of an arbitration award based on an arbitrator's manifest disregard of the law; and for other purposes.
Referred to the Judiciary Committee.

HB 177. By Representatives Powell of the 23rd, Stoner of the 34th, Post 1, Porter of the 119th, DeLoach of the 127th and Boggs of the 145th:
A BILL to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so

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as to add certain definitions; to provide requirements for nonresident licenses; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 266. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed retirement under the Public School Employees Retirement Fund, so as to provide that, under certain conditions, the board of trustees of such retirement fund may increase the retirement benefit; to clarify the effect of specific appropriations in amounts less than that required to fund fully the maximum level of benefits; and for other purposes.
Referred to the Retirement Committee.

HB 268. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of dues paid by members of such fund; and for other purposes.
Referred to the Retirement Committee.

HB 270. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges of the Probate Courts Retirement Fund, so as to provide that if a member submits his or her application for retirement more than 90 days following the date he or she leaves service, benefits shall begin on the first day of the month after such application was submitted; and for other purposes.
Referred to the Retirement Committee.

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223

HB 288. By Representative Boggs of the 145th:

A BILL to amend an Act creating the Ware County Water and Sewer Authority, so as to change the name of the authority; to change the number of persons initially appointed to the authority; to change the method of appointing successors to and filling vacancies on the authority; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 76

Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 71 SR 55

Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 44 SB 48 SB 102

Do Pass Do Pass Do Pass by substitute
Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

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The following legislation was read the second time:

SB 11 SB 29

SB 33 SB 46

SB 77 SB 81

SB 89

SR 35

SR 49

Senator Squires of the 5th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Collins Crotts Dean Fort Gillis Golden Hall Hamrick

Harbison Harp Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Blitch Thomas, N.

Clay Thompson (Excused)

Henson

The members pledged allegiance to the flag.

Senator Hooks of the 14th introduced the chaplain of the day, Reverend Bill Willis of Richland, who offered scripture reading and prayer.
The following resolutions were read and adopted:

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225

SR 109. By Senator Butler of the 55th:

A RESOLUTION commending Positive Growth, Incorporated; and for other purposes.

SR 111. By Senators Brush of the 24th, Clay of the 37th, Starr of the 44th, Smith of the 25th, Thomas of the 54th and others:

A RESOLUTION recognizing the Georgia Association of Educators (GAE) Legislative Conference Day; and for other purposes.

SR 112. By Senator Stokes of the 43rd:

A RESOLUTION recognizing and congratulating the Cathedral at Chapel Hill and the Cathedral Academy; and for other purposes.

SR 113. By Senator Stokes of the 43rd:

A RESOLUTION recognizing the Atlanta chapter of the National Association of Women in Construction (NAWIC) and proclaiming March 2-8, 2003, as "Women in Construction Week" at the state capitol; and for other purposes.

SR 114. By Senators Stokes of the 43rd, Butler of the 55th, Thomas of the 2nd, Fort of the 39th, Henson of the 41st and others:

A RESOLUTION proclaiming February 18, 2003, as "African American Business Enterprise Day"; and for other purposes.

SR 115. By Senators Price of the 56th and Moody of the 27th:

A RESOLUTION recognizing the Georgia Recreation and Parks Association; and for other purposes.

SENATE RULES CALENDAR THURSDAY, FEBRUARY 13, 2003 SIXTEENTH LEGISLATIVE DAY

SB 91

Election districts; legislative and congressional reapportionment; specify requirements; community of interest (Amendment)(R&R-51st)

SB 31

Ethics reforms; campaign contributions; activities on behalf of inmates (Substitute)(ETHICS-51st)

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SB 27

Trial Juries; size of panels; jury selection; number of peremptory strikes (Substitute)(JUDY-30th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage:

SB 91. By Senators Stephens of the 51st, Lee of the 29th, Price of the 56th, Hamrick of the 30th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Committee on Reapportionment and Redistricting offered the following amendment:

Amend SB 91 by inserting "not more than" between "of" and "plus" on line 21 of page 2.

On the adoption of the amendment, the yeas were 30, nays 17, and the committee amendment was adopted.

Senators Blitch of the 7th, Lee of the 29th and Bulloch of the 11th offered the following amendment:

Amend SB 91 by adding after the semicolon at the end of line 24 on page 1 the word "and", by striking from line 3 on page 2 the symbol and word "; and" and inserting in its place a period, and by striking in its entirety line 4 on page 2.

By adding after the semicolon at the end of line 35 on page 2 the word "and", by striking in its entirety line 36 on page 2, and by striking the designation "(I)" from line 1 on page 3 and inserting in its place "(H)".

On the adoption of the amendment, the yeas were 52, nays 0, and the Blitch, et al. amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour
Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay
Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R
Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 30, nays 23.

The bill, having received the requisite constitutional majority, was passed as amended.

The following communications were received by the Secretary:

February 13, 2003

I voted yes on SB 91. There have been problems with this 2 days ago. I press the button and the vote does not show up and is not recorded.

/s/ Senator Ginger Collins

I voted yes on SB 91-the machine did not register.
/s/ Senator Blitch 7th District

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The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate:

SR 110.

By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:

A RESOLUTION relative to adjournment; and for other purposes.

The Calendar was resumed.

SB 31. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:

A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 42 of the O.C.G.A., relating to penal institutions, so as to provide for ethics reforms; to change provisions relative to the State Ethics Commission; to change provisions relative to disposition of campaign contributions; to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change provisions relative to acceptance of campaign contributions during legislative sessions; to repeal conflicting laws; and for other purposes.

The Senate Ethics Committee offered the following substitute to SB 31:

A BILL TO BE ENTITLED AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for ethics reforms; to change provisions relative to the State Ethics Commission; to change provisions relative to disposition of campaign contributions; to change provisions relative to acceptance of campaign contributions during legislative sessions; to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change provisions relative to appearances before the Board of Pardons and Paroles by members of the General

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Assembly or state elected or appointed officials; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-5-4, relating to the State Ethics Commission, and inserting in its place a new Code Section 21-5-4 to read as follows.
"21-5-4. (a) Those members serving on the State Campaign and Financial Disclosure Ethics Commission prior to March 1, 1987, July 1, 2003, shall serve for a term of office which expires March 1, 1987 July 1, 2003. (b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial new members shall take office on March 2, 1987 July 2, 2003. Upon the expiration of a members term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such members successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Ethics Commission serving on March 1, 1987, July 1, 2003, shall be eligible for appointment reappointment as initial new members of the State Ethics Commission. (c) All members of the commission shall be residents of this state. (d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such persons appointment; (2) Has held any federal, state, or local public office within a period of five years prior to such persons appointment; or (3) Serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level shall be ineligible to serve as a member of the commission.

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(e) The commission shall elect a chairperson, a vice chairperson, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. (f) A majority of the members of the commission constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission. (g) Meetings of the members of the commission shall be held at the call of the chairperson or whenever any two members so request (h) In any matter pending before the commission, if a member of the commission has made or caused to be made a contribution in the current or immediately preceding election cycle to any respondent, any other party to the complaint, any candidate who opposed the respondent in any election in the current or immediately preceding election cycle, or the campaign committee of any of the foregoing, that member shall recuse himself or herself from consideration of the matter. The commission may, upon motion, order the recusal of a member."
SECTION 2. Said title is further amended by striking Code Section 21-5-33, relating to disposition of campaign contributions, and inserting in lieu thereof the following:
"21-5-33. (a)(1) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidates campaign for elective office or such public officers fulfillment or retention of such office. (2) Contributions to a candidate, campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall not be loaned by a candidate, campaign committee, or public officer to any other person, party, body, organization, association, campaign committee, candidate, or other entity in any manner. (b)(1) All contributions received by a candidate or such candidates campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;

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(B) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee; (D) For use in future campaigns for only that elective office for which those contributions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions; or (E) For repayment of any prior campaign obligations incurred as a candidate. (2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidates or such public officers last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (E) of paragraph (1) of this subsection. (c) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer. (d)(1) Contributions received by a campaign committee designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election and any proceeds derived from investing such contributions shall be utilized only to defray ordinary and necessary expenses associated with influencing the voters on such issue. (2) All contributions received by a campaign committee as provided in paragraph (1) of this subsection in excess of those necessary to defray expenses relative to the influencing of voters on such issue as determined by the campaign committee may only be used as follows:

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(A) Contributions to any charitable organization described in 26 U.S.C. 170(c) as such federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or (B) For repayment on a pro rata basis to persons making such contributions."
SECTION 3. Said title is further amended by striking Code Section 21-5-35, relating to acceptance of campaign contributions during legislative sessions, and inserting in lieu thereof the following:
"21-5-35. (a) No member of the General Assembly or that members campaign committee or public officer elected state wide or campaign committee of such public officer shall accept or solicit a contribution or a pledge of a contribution during a legislative session. (b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donors agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or (3) A judicial officer elected state wide or campaign committee of such judicial officer."
SECTION 4. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-2-14, to be designated Code Section 42-2-15, to read as follows:
"42-2-15. (a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to appear before the board or department on behalf of a person under the jurisdiction of the board or department or advocate for a decision on behalf of such person. Nothing in this Code section shall be construed so as to prohibit:
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board or department when their official duties require them to do so; (2) Members of the General Assembly or state elected or appointed officials from requesting information from the board or department; (3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board or department, so long as the correspondence or communications are forwarded in substantially the same form in which they were received; (4) Members of the General Assembly who are lawyers representing probationers from appearing before the board or department in connection with a probation revocation hearing; or

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(5) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 5. Said title is further amended by striking Code Section 42-9-17, relative to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials, and inserting in lieu thereof the following:
"42-9-17. (a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept any compensation for appearing appear before the board in on behalf of a person under the jurisdiction of the board and for seeking or advocate for a decision on behalf of the such person. Nothing in this Code section shall be construed so as to prohibit:
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board when their official duties require them to do so; or (2) Members of the General Assembly or state elected or appointed officials from requesting information from and presenting information to the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services; (3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board, so long as the correspondence or communications are forwarded in substantially the same form in which they were received; or (4) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity. (b) Nothing in subsection (a) of this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for their duties as such members or officials. (c)(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senators Hooks of the 14th, Starr of the 44th, Dean of the 31st, Tate of the 38th, Squires of the 5th and others offered the following amendment:
Amend the substitute to SB 31 by inserting after the ";" on line 5 of page 1 the following:

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"to provide for candidates for the General Assembly who file a declaration of intent to
accept campaign contributions to receive and choose to sign a pledge to engage in ethical campaigning;".

By inserting between lines 15 and 16 of page 5 a new section to read as follows:
"SECTION 3.1. Said title is further amended by adding a new article to the end of Chapter 5 to read as follows:
'ARTICLE 5 21-5-80. Any candidate for the General Assembly who files a declaration of intent to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall be issued a pledge to engage in ethical campaigning by the Secretary of State as set forth in Code Section 21-5-81.

21-5-81. The text of the pledge shall read as follows:

PLEDGE TO ENGAGE IN ETHICAL CAMPAIGNING

Realizing that the principles of morality, honesty, and civility are essential to the integrity of the democratic process, I pledge to conduct a campaign consistent with these principles. I will refrain from campaign practices that in any way detract from the honorable pursuit of elective office. I shall not use or permit the use of character defamation, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life, nor shall I use or permit on my behalf misleading or untrue advertisements.

_______________________ Name of Candidate ________________________ Signature ________________________ Date

__________________________ Name of Witness ___________________________ Notary publics signature and seal

21-5-82. Each candidate for the General Assembly who has filed the intention to accept campaign contributions shall acknowledge receipt of the pledge set forth in Code Section 21-5-81 either by returning the pledge with his or her signature which has been witnessed and notarized or by returning a signed affidavit stating that he or she has received the pledge. The pledge shall be in effect for two years from the date of signing unless a candidate writes to the Secretary of States office and requests that his or her pledge be revoked.

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21-5-83. The Secretary of States office shall maintain on its website a list of candidates which indicates candidates who have signed the pledge or acknowledged the pledge in accordance with Code Section 21-5-82 or who have neither signed nor acknowledged the pledge.
21-5-84. A registered voter may initiate a complaint pursuant to Code Section 21-5-7 against a candidate who is running for the General Assembly in his or her district for alleged violations of Code Section 21-5-82. The commission may issue an order after appropriate proceedings as provided for by this chapter and penalize the person who violates Code Section 21-5-82 by making public its conclusion as set forth in paragraph (15) of subsection (b) of Code Section 21-5-6.'".

On the adoption of the amendment, Senator Brown of the 26th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 56, nays 0, and the Hooks, et al. amendment was adopted.

Senators Zamarripa of the 36th, Starr of the 44th, Dean of the 31st, Meyer von Bremen of the 12th, Butler of the 55th and others offered the following amendment:

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Amend the substitute to SB 31 by striking lines 18 and 19 on page 1 and inserting in lieu
thereof the following: "Commission prior to March 1, 1987, February 1, 2003, shall serve for a the remainder of their term terms of office which expires March 1, 1987."

By striking lines 3 and 4 of page 2 and inserting in lieu thereof the following:
"the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a members term of office,"

By striking lines 11 through 13 of page 2 and inserting in lieu thereof the following: "office; provided, however, that the members of the State Campaign and Financial
Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 25, nays 31, and the Zamarripa, et al. amendment was lost.

Senators Meyer von Bremen of the 12th, Smith of the 25th, Kemp of the 3rd, Squires of the 5th, Levetan of the 40th and others offered the following amendment:

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Amend the substitute to SB 31 by inserting after the ";" on line 5 of page 1 the following:
"to provide for actions for slander and libel and the commissions authority over such activity;".
By inserting between lines 15 and 16 of page 5 a new section to read as follows:
"SECTION 3.1. Said title is further amended by adding a new article at the end of Chapter 5 to read as follows:
'ARTICLE 5 21-5-80. (a) A candidate is liable for any slander or libel, as defined and provided for in Chapter 5 of Title 51, committed by a campaign committee that is controlled by that candidate if the candidate willfully and knowingly directs or permits the libel or slander. (b) In addition to the action provided for in this Code section, the commission may issue an order after appropriate proceedings as provided for by this chapter, requiring the candidate whose committee committed the libel or slander to be fined as set forth in subparagraph (b)(14)(C) of Code Section 21-5-6 and may also make public its conclusion as provided in paragraph (15) of subsection (b) of Code Section 21-5-6.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler N Cagle Y Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden

Y Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Jackson N Johnson Y Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams

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N Hall N Hamrick

Y Reed N Seabaugh

Y Zamarripa

On the adoption of the amendment, the yeas were 32, nays 24, and the Meyer von Bremen, et al. amendment was adopted.

On the adoption of the substitute, the yeas were 55, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 56, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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The House has passed by the requisite constitutional majority the following Bill of the House:

HB 121.

By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

The Calendar was resumed.

SB 27. By Senators Hamrick of the 30th, Price of the 56th, Johnson of the 1st, Meyer von Bremen of the 12th, Golden of the 8th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the O.C.G.A., relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 27:

A BILL TO BE ENTITLED AN ACT

To amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide for related matters; to

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provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by striking Code Section 15-12-125 relating to demand of jury panels in misdemeanor trials, and inserting in lieu thereof the following:
"15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is are absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, defendant and the state two shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury."
SECTION 2. Said article is further amended by striking Code Section 15-12-160, relating to the required panel of jurors in felony trials and the summoning of tales jurors, and inserting in lieu thereof the following:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 24 jurors from which the defense and prosecution may strike jurors; provided, however, in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 32 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
SECTION 3. Said article is amended further by striking Code Section 15-12-165, relating to the number of peremptory challenges of jurors, and inserting in lieu thereof the following:
"15-12-165. Every person indicted for a crime or offense accused of a felony may peremptorily challenge 12 six of the jurors impaneled to try him or her. The state shall be allowed one-half the same number of peremptory challenges allowed to the accused defendant;

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provided, however, in any case in which the state announces its intention to seek the death penalty, the person indicted for the crime defendant may peremptorily challenge 20 ten jurors and the state shall be allowed one-half the same number of peremptory challenges allowed to the accused."
SECTION 4. Said article is amended further by striking Code Section 15-12-166, relating to jurors not challenged are to be sworn, and inserting in lieu thereof the following:
"15-12-166. If a juror is found competent and is not challenged peremptorily by the state, he shall be put upon the accused, the defendant and the state shall exercise their peremptory challenges with the state exercising the first challenge. Unless the parties and the court agree to another procedure, peremptory challenges shall be exercised in a manner so that the challenges shall not be heard by the jurors. Unless he the juror is challenged peremptorily by the accused defendant or the state, the juror shall be sworn to try the case."
SECTION 5. Said article is amended further by striking Code Section 15-12-169, relating to the manner of selecting alternate jurors, and inserting in lieu thereof the following:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternative jurors shall be determined by the court. The state and the defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremptory challenges in an amount twice greater than the additional peremptory challenges of the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4."
SECTION 6. Code Section 17-8-4 of the Official Code of Georgia, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, is amended by striking said Code section and inserting in lieu thereof the following:
"17-8-4. (a) When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a

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felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried. (b) When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, acting in its sole discretion, may allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court shall allow the state the same number of additional strikes as are allowed to the defendants."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. This Act shall apply to all trials that commence on or after the effective date of this Act.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 3, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks

N Harbison Harp
N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate

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Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,D N Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 10.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution was taken up to consider House action thereto:

SR 110. By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; and for other purposes.
The House substitute was as follows:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Tuesday, February 18, 2003, and shall reconvene on Wednesday, February 26, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
Senator Price of the 56th moved that the Senate agree to the House substitute to SR 110.

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On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 110.
Serving as the doctor of the day, was Dr. Bruce Perry.
Senator Price of the 56th moved that the Senate adjourn until 9:00 a.m. tomorrow.
The motion prevailed, and the President announced the Senate adjourned at 2:42 p.m.

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245

Senate Chamber, Atlanta, Georgia Friday, February 14, 2003
Seventeenth Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 227.

By Representatives Heard of the 75th, McBee of the 74th and Rogers of the 15th:

A BILL to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide for an exception for Bengal cats; and for other purposes.

HB 312.

By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:

A BILL to create a board of elections and registration for Walton County and provide for its powers and duties; and for other purposes.

HB 317.

By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:

A BILL to amend an Act creating the Walton County Commission on Children and Youth, so as to create the Partnership for Families, Children, and Youth as the successor to such commission; and for other purposes.

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HB 323. HB 333. HB 334. HB 335.

By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change certain provisions regarding how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that unified government; and for other purposes.
By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act creating a board of elections and registration for Catoosa County, so as to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; and for other purposes.
By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act to reconstitute the Board of Education of Catoosa County, so as to revise the districts for the election of members of the board of education; and for other purposes.
By Representative Lord of the 103rd:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County; to specify the vehicle registration period for Washington County; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 146. By Senators Zamarripa of the 36th, Reed of the 35th, Brown of the 26th, Adelman of the 42nd, Levetan of the 40th and Moody of the 27th:
A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to

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247

drivers duty to exercise due care and the allowance of proper use of radios and mobile telephones; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 149. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th, Harp of the 16th, Adelman of the 42nd, Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

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SR 120. By Senators Thomas of the 2nd, Price of the 56th, Hill of the 4th, Stephens of the 51st, Brown of the 26th and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, and Screven Counties, Georgia, and Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.

Referred to the State Institutions and Property Committee.

SR 121. By Senators Thomas of the 2nd, Cheeks of the 23rd, Kemp of the 3rd, Williams of the 19th, Lee of the 29th and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Macon County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State owned real property located in Richmond County, Georgia; authorizing the conveyance of certain State owned real property located in Talbot County, Georgia; authorizing the conveyance of certain State owned real property located in Troup County, Georgia; authorizing the conveyance of certain State owned real property located in Decatur County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the State Institutions and Property Committee.

SR 122. By Senator Crotts of the 17th: A RESOLUTION amending the Rules of the Senate; and for other purposes.

Referred to the Rules Committee.

The following House legislation was read the first time and referred to committee:

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249

HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.
Referred to the Appropriations Committee.
HB 227. By Representatives Heard of the 75th, McBee of the 74th and Rogers of the 15th:
A BILL to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide for an exception for Bengal cats; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 312. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to create a board of elections and registration for Walton County and provide for its powers and duties; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 317. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act creating the Walton County Commission on Children and Youth, so as to create the Partnership for Families, Children, and Youth as the successor to such commission; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 323. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change certain provisions regarding how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental

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reorganization which resulted in that unified government; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 333. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act creating a board of elections and registration for Catoosa County, so as to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 334. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act to reconstitute the Board of Education of Catoosa County, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 335. By Representative Lord of the 103rd:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County; to specify the vehicle registration period for Washington County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Children and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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251

SB 24

Do Pass by substitute
Respectfully submitted, Senator Collins of the 6th District, Chairman

Mr. President:

The Economic Development and Tourism Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 88

Do Pass

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 120 SB 121

Do Pass Do Pass

Respectfully submitted, Senator Bowen of the 13th District, Chairman

The following legislation was read the second time:

SB 44

SB 48

SB 71

SB 76

SB 102

SR 55

Senator Starr of the 44th asked unanimous consent that Senator Dean of the 31st be excused. The consent was granted, and Senator Dean was excused.

The roll was called and the following Senators answered to their names:

Adelman Blitch Bowen Brown Brush Bulloch

Henson Hill Hooks Hudgens Jackson Johnson

Shafer Smith,F Smith,P Squires Starr Stephens

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Butler Cagle Cheeks Collins Crotts Gillis Golden Hall Hamrick Harp

Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Seabaugh Seay

Stokes Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Williams Zamarripa

Those not answering were Senators:

Balfour Fort Reed

Clay Harbison Tanksley

Dean (Excused) Kemp, R. Unterman

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators: Balfour

Reed

Unterman

The members pledged allegiance to the flag.

Senator Meyer von Bremen of the 12th introduced the chaplain of the day, Dr. Bobby Joiner of Leesburg, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 116. By Senator Seabaugh of the 28th:

A RESOLUTION commending Robert Huefner on receiving the 2002 Wendy's High School Heisman Award; and for other purposes.

SR 117. By Senator Seabaugh of the 28th:

A RESOLUTION recognizing February 8, 2003, as National Good Turn Day in the Boy Scouts of America and commending the Flint River Council on its Scouting for Food project; and for other purposes.

SR 118. By Senator Tolleson of the 18th:

A RESOLUTION commending Mary Gentry; and for other purposes.

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253

SR 119. By Senator Tolleson of the 18th:

A RESOLUTION commending Dustin Chad Alligood; and for other purposes.

Senator Tate of the 38th introduced the doctor of the day, Dr. Yancey Phillips.

Senator Johnson of the 1st asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Agriculture and Consumer Affairs Committee:

HB 108. By Representatives Ray of the 108th, Floyd of the 132nd, Purcell of the 122nd and Royal of the 140th:

A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; and for other purposes.

The consent was granted, and HB 108 was committed to the Senate Agriculture and Consumer Affairs Committee.

SENATE RULES CALENDAR FRIDAY, FEBRUARY 14, 2003 SEVENTEENTH LEGISLATIVE DAY

SR 85

Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal (RULES-29th)

HB 103

Retirement and Pensions Code; corrections (S JUDY-12th) Walker-115th

HB 104

Code of Georgia; corrections (S JUDY-12th) Walker-115th

HB 105

Elections Code; corrections (S JUDY-12th) Walker-115th

SB 33

Designate; The Mighty Eighth Air Force Heritage Museum; center for character education programming (RULES-2nd)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

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The following legislation was read the third time and put upon its passage:
SR 85. By Senators Lee of the 29th, Stephens of the 51st and Thomas of the 2nd:
A RESOLUTION expressing support of the Governor of the State of Georgia and urging the Attorney General to dismiss the appeal in Georgia v. Ashcroft; and for other purposes.
Senators Adelman of the 42nd and Meyer von Bremen of the 12th offered the following substitute to SR 85:
A RESOLUTION
Expressing support for the Attorney General of the State of Georgia and urging him to maintain his constitutionally decreed independence from the Governor and other branches of state government; and for other purposes.
WHEREAS, the Attorney General of the State of Georgia has announced his intention to pursue the appeal currently pending before the United States Supreme Court in Georgia v. Ashcroft, 195 F. Supp. 2d 25 (D.C.D.C. 2002), prob. Juris. Noted., 71 U.S.L.W. 3137, 71 U.S.L.W. 3483, 71 U.S.L.W. 3486 (U.S. Jan 17, 2003); and
WHEREAS, Article V, Section III, Paragraph III of the Constitution provides that "Except as otherwise provided in this Constitution, the General Assembly shall prescribe the powers, duties, compensation, and allowances of the above executive officers and provide assistance and expenses necessary for the operation of the department of each"; and
WHEREAS, Code Section 45-15-9 of the Official Code of Georgia Annotated provides that "The Attorney General shall represent the state in all actions before the Supreme Court of the United States. . . ."; and
WHEREAS, Code Section 45-15-3 of the Official Code of Georgia Annotated provides that "It shall be the duty of the Attorney General: . . . To represent the state in all civil actions tried in any court;" and
WHEREAS, Code Section 45-15-34 of the Official Code of Georgia Annotated provides that "The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof."; and

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255

WHEREAS, under these Constitutional provisions and statutes, the independence of the Attorney General from the Governor and other branches of government is made plain; and

WHEREAS, the Governor of the State of Georgia has exceeded his authority in directing the Attorney General to dismiss this appeal; and

WHEREAS, certain members of the Georgia Senate have introduced a resolution alleging the Attorney General is acting illegally in continuing this appeal in the face of the Governor's opposition; and

WHEREAS, it is clear that the Attorney General, in independently carrying out his legal duty, is complying with the Georgia constitution and Georgia statutes.

NOW THEREFORE BE IT RESOLVED by the Senate that this body expresses its support of the Attorney General of the State of Georgia in carrying out his duties under the law.

BE IT FURTHER RESOLVED that the Governor of the State of Georgia and members of the Senate are urged to refrain from future attempts to impermissibly encroach on the duties of the Attorney General of Georgia.

Senator Price of the 56th moved the previous question.

Senator Stokes of the 43rd objected.

Senator Thomas of the 10th moved that SR 85 be placed on the Table.

On the motion to table which takes precedence, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour N Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N

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N Crotts E Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 22, nays 33; the motion lost, and SR 85 was not placed on the Table.

Senator Price of the 56th asked unanimous consent that his motion for the previous question be withdrawn. The consent was granted, and the motion was withdrawn.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts E Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley
Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the substitute, the yeas were 23, nays 31, and the Adelman, Meyer von Bremen substitute was lost.

The following communication was received by the Secretary:

February 14, 2003

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257

To whom it may concern:

If my vote had registered it would have shown a yea for the resolution from the Senator from the 42nd.

/s/ Horacena Tate District 38

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts E Dean N Fort N Gillis N Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 31, nays 24.

The resolution, having received the requisite constitutional majority, was adopted.

HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:

A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and

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in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 17, 2003

The Honorable Larry Walker State Representative Legislative Office Building, Room 508 Atlanta, Georgia 30334

Dear Representative Walker:

SUBJECT: State Auditor's Certification House Bill 103 (LC 25 2774)

This bill would correct typographical, stylistic, spelling, capitalization, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated. This bill would make such corrections in the chapters affecting the Teachers Retirement System, the Judges of the Probate Courts Retirement Fund, and the Georgia Military Retirement System.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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259

Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts E Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hill Y Hooks Y Hudgens
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Brush of the 24th asked unanimous consent that Senator Cheeks of the 23rd be excused. The consent was granted, and Senator Cheeks was excused.

The Calendar was resumed.

HB 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:

A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts E Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Smith of the 25th spoke to SR 100, adopted previously, celebrating the 200th anniversary of Milledgeville, and introduced Mayor Floyd Griffin of Milledgeville. Mayor Griffin addressed the Senate briefly.

The Calendar was resumed.

HB 105. By Representative Walker of the 115th:

A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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261

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
Bowen Y Brown
Brush Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts E Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 33. By Senators Thomas of the 2nd, Hill of the 4th and Johnson of the 1st:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character education; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Blitch
Bowen Y Brown Y Brush
Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts E Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then pursuant to HR 91, adjourn until 1:00 p.m., Monday, February 17, 2003.
At 11:41 a.m., the President announced that the motion prevailed.

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Senate Chamber, Atlanta, Georgia Monday, February 17, 2003 Eighteenth Legislative Day

The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 45.

By Representative Childers of the 13th, Post 1:

A BILL to amend Code Section 31-43-8 of the Official Code of Georgia Annotated, relating to selection of the presiding officer of the Commission on Men's Health, so as to change the length of term of office of such presiding officer; and for other purposes.

HB 54.

By Representative Childers of the 13th, Post 1:

A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

HB 87.

By Representative Buck of the 112th:

A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; and for other purposes.

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HB 225.

By Representatives Coleman of the 118th, Parrish of the 102nd and Burkhalter of the 36th:

A BILL to amend Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee, so as to change certain provisions relating to the creation, composition, officers, and duties of the committee; and for other purposes.

HB 344. By Representative Porter of the 119th:

A BILL to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 150. By Senators Gillis of the 20th, Starr of the 44th, Crotts of the 17th and Bowen of the 13th:

A BILL to be entitled an Act to amend Article 1 of Chapter 21 of Title 43 of the O.C.G.A., relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates resulting in price gouging during the duration of a special sporting event held in Georgia; to prohibit hotels from imposing special service charges or fees or requiring guests to reserve room nights before or after the special sporting event or to purchase other goods or services in order to use the hotel rooms during the period of the special sporting event; to define certain terms; to provide for legislative findings and declaration of purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Economic Development and Tourism Committee.

SB 151. By Senators Hall of the 22nd and Cheeks of the 23rd:

A BILL to be entitled an Act to amend Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to peeping Toms, so as to expand the description of the crime; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Special Judiciary Committee.

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265

SB 152. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Kemp of the 3rd, Hamrick of the 30th, Jackson of the 50th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; 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 Retirement Committee.

SB 153. By Senators Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees, so as to revise the procedure for the calculation of qualifying fees for certain county officials; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 154. By Senators Unterman of the 45th, Mullis of the 53rd and Balfour of the 9th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 155. By Senators Golden of the 8th, Hudgens of the 47th, Bulloch of the 11th, Gillis of the 20th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that qualified defined contribution plans authorized for

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the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 156. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
The following House legislation was read the first time and referred to committee:
HB 45. By Representative Childers of the 13th, Post 1:
A BILL to amend Code Section 31-43-8 of the Official Code of Georgia Annotated, relating to selection of the presiding officer of the Commission on Men's Health, so as to change the length of term of office of such presiding officer; and for other purposes.
Referred to the Health and Human Services Committee.
HB 54. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.
Referred to the Health and Human Services Committee.
HB 87. By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is

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267

authorized to participate in the bingo operations thereof; and for other purposes.

Referred to the Economic Development and Tourism Committee.

HB 225. By Representatives Coleman of the 118th, Parrish of the 102nd and Burkhalter of the 36th:

A BILL to amend Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee, so as to change certain provisions relating to the creation, composition, officers, and duties of the committee; and for other purposes.

Referred to the Economic Development and Tourism Committee.

HB 344. By Representative Porter of the 119th:

A BILL to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following legislation was read the second time:

SB 24

SB 88

SB 120

SB 121

The roll was called and the following Senators answered to their names:

Adelman Balfour Bowen Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean Fort Gillis

Harp Henson Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody

Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Thomas,D Thomas,R Thompson Tolleson

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Golden Hall Hamrick Harbison

Mullis Price Reed Seabaugh

Unterman Williams Zamarripa

Those not answering were Senators:

Blitch Hill

Brown Tate

Collins Thomas, N.

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators:

Blitch

Collins

Tate

The members pledged allegiance to the flag.

Senator Smith of the 25th introduced the chaplain of the day, Reverend Carl Bridgetty of Milledgeville, Georgia, who offered scripture reading and prayer.

The President introduced Congressman Sanford Bishop, who addressed the Senate briefly.
Senator Brush of the 24th introduced the doctor of the day, Dr. Paul Daine.

The following resolutions were read and adopted:

SR 123. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Lauren Louise Domenico; and for other purposes.

SR 124. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Alexis Katherine Fowler; and for other purposes.

SR 125. By Senator Smith of the 25th:

A RESOLUTION recognizing and commending Nancy C. Kennedy; and for other purposes.

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SR 126. By Senators Kemp of the 46th, Hudgens of the 47th, Brush of the 24th, Smith of the 25th, Crotts of the 17th and others:
A RESOLUTION commending Johnathan Haley; and for other purposes.
SR 127. By Senators Shafer of the 48th, Lamutt of the 21st, Unterman of the 45th, Moody of the 27th, Hooks of the 14th and Zamarripa of the 36th:
A RESOLUTION proclaiming February 26, 2003, as "High Tech Day" in Georgia; and for other purposes.
SR 128. By Senator Bulloch of the 11th:
A RESOLUTION commending the Georgia peanut industry and recognizing March 12, 2003, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.
SR 129. By Senators Hill of the 4th and Blitch of the 7th:
A RESOLUTION recognizing and commending Jenna Knight; and for other purposes.
SR 130. By Senators Hill of the 4th, Cagle of the 49th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Chris Roach; and for other purposes.
SR 131. By Senators Hill of the 4th, Lee of the 29th, Brush of the 24th and Crotts of the 17th:
A RESOLUTION recognizing and commending Abby Fletcher; and for other purposes.
SR 132. By Senators Hill of the 4th and Tolleson of the 18th:
A RESOLUTION recognizing and commending Lauren Ledbetter; and for other purposes.
SR 133. By Senators Hill of the 4th, Smith of the 52nd and Thomas of the 54th:
A RESOLUTION recognizing and commending Hillary Munro; and for other purposes.

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SR 134. By Senators Hill of the 4th, Tolleson of the 18th and Harp of the 16th:
A RESOLUTION recognizing and commending Nekeisha Randall; and for other purposes.
SR 135. By Senators Hill of the 4th and Meyer von Bremen of the 12th:
A RESOLUTION recognizing and commending Lisa Stephens; and for other purposes.
SR 136. By Senators Hill of the 4th and Kemp of the 46th:
A RESOLUTION recognizing and commending Stefanie Whorton; and for other purposes.
SR 137. By Senators Hill of the 4th, Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Cole Ryles; and for other purposes.
SR 138. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Heidi Hammack; and for other purposes.
SR 139. By Senators Hill of the 4th, Stokes of the 43rd and Crotts of the 17th:
A RESOLUTION commending Brittani Kelley; and for other purposes.
SR 140. By Senators Hill of the 4th, Jackson of the 50th and Stephens of the 51st:
A RESOLUTION commending Christina Payne; and for other purposes.
SR 141. By Senators Hill of the 4th and Bowen of the 13th:
A RESOLUTION commending Cliff Sims; and for other purposes.
SR 142. By Senators Hill of the 4th, Cheeks of the 23rd and Brush of the 24th:
A RESOLUTION recognizing and commending Laurel O'Neal; and for other purposes.

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SR 143. By Senators Hill of the 4th and Tolleson of the 18th:

A RESOLUTION recognizing and commending Kristen Davis; and for other purposes.

SR 144. By Senators Hill of the 4th, Lee of the 29th, Seabaugh of the 28th, Brush of the 24th and Crotts of the 17th:

A RESOLUTION recognizing and commending Matthew Wilson; and for other purposes.

SR 145. By Senators Hill of the 4th, Kemp of the 46th and Hudgens of the 47th:

A RESOLUTION recognizing 4-H Day at the state capitol and Cole Ryles, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan; and for other purposes.

Senator Johnson of the 1st introduced Congressman Jack Kingston, who addressed the Senate briefly.
SENATE RULES CALENDAR MONDAY, FEBRUARY 17, 2003 EIGHTEENTH LEGISLATIVE DAY

SB 102

Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders (Substitute)(JUDY-37th)

SB 11

Income Taxes; jobs tax credits; designation of counties as less developed areas; periods of economic distress (FIN-1st)

SB 44

Guardian ad litem; court appointed; limit liability (JUDY-37th)

SB 29

Electronic/Communication devices; local board of education to establish policy for students in school (Amendment)(ED-34th)

SB 46

Peace Officer/Prosecutor Training Fund; accounting of all deposits (PS&HS-37th)

SB 48

Juvenile proceedings; disposition and evidence against child in civil action (JUDY-37th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

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The following legislation was read the third time and put upon its passage:
SB 102. By Senators Clay of the 37th, Meyer von Bremen of the 12th, Tanksley of the 32nd, Reed of the 35th, Harp of the 16th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the O.C.G.A., relating to the legal defense of indigents, so as to create the Georgia Indigent Defense Board; to provide for membership; to provide that on September 30, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to amend Title 15 of the O.C.G.A., relating to courts, so as to strike references to the Georgia Indigent Defense Council; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Code Section 36-32-1 of the O.C.G.A., relating to the establishment of municipal courts; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 102:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to create the Georgia Indigent Defense Board; to provide for membership; to provide that on December 31, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to provide that on such date the Georgia Indigent Defense Council shall cease to exist; to change certain provisions relative to the distribution of funds to counties; to provide for rules and standards; to enact the "Georgia Indigent Defense Act of 2003"; to provide a short title; to provide a statement of purpose; to provide a statement of policy; to make certain findings; to define certain terms; to provide for responsibilities of the Georgia Indigent Defense Board; to provide for budget authority; to provide for the duties and responsibilities of the director of indigent defense; to provide for the appointment of a circuit public defender; to provide for the responsibilities of the circuit public defender; to provide for conflicts of interest; to provide for the scope of representation; to provide for the duties of the custodian of indigent detainees; to provide for an allocation of funding responsibilities; to provide for certain prohibitions and qualifications; to provide for the mental health advocacy division; to provide for its status; to provide for duties and responsibilities; to provide for a budget; to provide for the appointment of a mental health advocate; to provide for a staff; to provide for representation; to provide for the office of the multicounty capital defender; to define certain terms; to provide for a multicounty capital defender; to provide for responsibilities; to provide for a budget; to provide for appointment; to provide for the employment of a staff; to amend Title 15 of the Official

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Code of Georgia Annotated, relating to courts, so as to change references to the Georgia Indigent Defense Council; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain internal references; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, so as to provide for a notice of right to representation; to provide for representation in municipal court; to provide for the provision of counsel; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, is amended by inserting immediately following Code Section 17-12-31 a new Code section to read as follows:
"17-12-31.1. (a) There is created the Georgia Indigent Defense Board, which shall be an independent agency within the judicial branch of state government. The board shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this article. (b) The board shall consist of 15 members. The Governor shall appoint ten members, one from each of the states ten judicial districts. Of those ten appointed, seven shall be members in good standing of the State Bar of Georgia and shall include at least one superior court judge and one judge of a court other than a superior court. Three such appointments shall not be members of the State Bar of Georgia and shall include at least one county commissioner. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each appoint one member. The Supreme Court of Georgia shall appoint three members. In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall receive suggestions from the State Bar of Georgia, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. Board members shall serve four-year terms with a limit of two consecutive full terms after any initial abbreviated or unexpired term. The initial terms for board members representing odd-numbered judicial districts and the initial term for the appointee of the Senate Committee on Assignments shall be for two years, while all other initial appointees shall serve fouryear terms.

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(c) All board members shall serve independently of the appointing authority and shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this article. (d) All members of the board shall be entitled to vote on any matter coming before the board unless otherwise provided by law or by rules adopted by the board concerning conflicts of interest. (e) Each member of the board shall serve until a successor has been appointed. Vacancies shall be filled by appointment by the original appointing authority for any unexpired term. Removal of board members shall be in accordance with policies and procedures adopted by the board. (f) Unless otherwise provided in this article, a quorum shall be a majority of the members of the board who are then in office, and decisions of the board shall be by majority vote of the members present, except that a majority of the entire board must approve the appointment or removal of the director and the use of an alternative system of providing indigent defense representation in judicial circuits. (g) The board shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (h) The board shall elect a chairperson and such officers from the members of the board as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire board and for cause by a majority vote of the entire board. The chairperson shall retain a vote on all matters except the removal of the chairperson for cause. The board shall keep and maintain minutes of all board meetings. (i) The members of the board shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the board. Any expenses incurred by the board shall be paid from the general operating budget of the board. (j) On December 31, 2003, the board shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the board. Such powers shall include, without limitation, making grants and distributions to the counties. On such date, the employees, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the board, and the board shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. (k) The board shall have the authority to prepare rules and standards in anticipation of legislation enacting the 'Georgia Indigent Defense Act of 2003'; provided, however, that such rules and standards shall not become effective until the effective date of such legislation. (l) Employees of the Georgia Indigent Defense Council who are in good standing as of December 31, 2003, shall become employed in a similar capacity by the board without a break in service.

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(m) The board shall appoint a director of indigent defense. To be eligible for appointment, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the board deems appropriate. The director shall serve at the pleasure of the board and may be removed by a majority vote of the entire board. The board shall establish the directors salary."
SECTION 1-2. Said article is further amended by inserting at the end of Code Section 17-12-32, relating to the establishment of the Georgia Indigent Defense Council, composition, qualifications, appointment, and terms of office of members, vacancies, meetings, officers, compensation, legal status, and powers, a new subsection to read as follows:
"(g) Any other provision of this article to the contrary notwithstanding, the council shall cease to exist on December 31, 2003, and all powers, duties, obligations, and assets of the council shall be transferred to the Georgia Indigent Defense Board created by Code Section 17-12-31.1, and all references in this Code to the council shall be deemed to be references to the Georgia Indigent Defense Board."

SECTION 1-3. Said article is further amended by striking in its entirety subsection (b) of Code Section 17-12-36, relating to the Georgia Indigent Defense Council, preparation of an annual budget, solicitation of public and private funds, and the manner of distribution of funds to participating counties, and inserting in lieu thereof the following:
"(b) At least 90 percent of all state appropriated funds shall be distributed by the council to participating counties on an equitable basis, based on judicial administrative district and judicial circuit population, indigent criminal caseloads, and previous year expenditures for the provision of defense services at the local level."
PART II. SECTION 2-1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, is amended by striking in its entirety Article 1, relating to local indigent defense programs generally, and Article 2, relating to state funded local indigent defense programs, and inserting in lieu thereof the following:
"ARTICLE 1 Part 1

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17-12-1. (a) This article shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The purpose of this article is to ensure that all indigent defendants who are entitled to legal representation under the Constitution and laws of the United States and the State of Georgia are provided uniformly effective representation in each of the judicial circuits of the State of Georgia. Toward that goal, this article establishes a state-wide, independent Georgia Indigent Defense Board. (c) The General Assembly declares that the Georgia Indigent Defense Board shall at all times serve its clients independently of any political considerations or private interests and conduct the business of the board in accordance with all applicable standards of ethics, performance, and professionalism.
17-12-2. As used in this article, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender and conflict defender offices and any approved alternative delivery systems for the purpose of providing legal representation to indigent persons who are entitled to representation under this article. (2) 'Board' means the Georgia Indigent Defense Board. (3) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (4) 'Circuit public defender office' means the office of any of the several circuit public defenders. (5) 'Conflict defender office' means an office established in one or more judicial circuits by the board for the purpose of providing legal representation to indigent defendants in cases in which the circuit public defender office is prevented from such representation because of an ethical or legal conflict. (6) 'Director' means the director of indigent defense appointed by the board.
Part 2
17-12-20. There is created the Georgia Indigent Defense Board, which shall be an independent agency within the judicial branch of state government. The board shall be a continuation of the Georgia Indigent Defense Board as such exists on March 1, 2005. The board shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this article.
17-12-21. (a) The board shall consist of 15 members. The Governor shall appoint ten members, one from each of the states ten judicial districts. Of those ten appointed, seven shall be

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members in good standing of the State Bar of Georgia and shall include at least one superior court judge and one judge of a court other than a superior court. Three such appointments shall not be members of the State Bar of Georgia and shall include at least one county commissioner. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each appoint one member. The Supreme Court of Georgia shall appoint three members. In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall receive suggestions from the State Bar of Georgia, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. Board members shall serve four-year terms with a limit of two consecutive full terms after any initial abbreviated or unexpired term. The initial terms for board members representing odd-numbered judicial districts and the initial term for the appointee of the Senate Committee on Assignments shall be for two years, while all other initial appointees shall serve fouryear terms. (b) All board members shall serve independently of the appointing authority and shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this article. (c) All members of the board shall be entitled to vote on any matter coming before the board unless otherwise provided by law or by rules adopted by the board concerning conflicts of interest. (d) Each member of the board shall serve until a successor has been appointed. Vacancies shall be filled by appointment by the original appointing authority for any unexpired term. Removal of board members shall be in accordance with policies and procedures adopted by the board. (e) Unless otherwise provided in this article, a quorum shall be a majority of the members of the board who are then in office, and decisions of the board shall be by majority vote of the members present, except that a majority of the entire board must approve the appointment or removal of the director and the use of an alternative system of providing indigent defense representation in judicial circuits. (f) The board shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (g) The board shall elect a chairperson and such officers from the members of the board as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire board and for cause by a majority vote of the entire board. The chairperson shall retain a vote on all matters except the removal of the chairperson for cause. The board shall keep and maintain minutes of all board meetings. (h) The members of the board shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as

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members of the board. Any expenses incurred by the board shall be paid from the general operating budget of the board.
17-12-22. (a) The board shall approve the development and improvement of programs by which the office of the director provides legal representation to indigent persons and juveniles. (b) The board shall approve and implement such programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Such standards shall include, but shall not be limited to, the following:
(1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services; and (9) Standards for compensation of attorneys appointed to represent indigent persons under this article. (c) The board shall permit a judicial circuit to implement an alternative delivery system to the one set forth in this article if the board reasonably determines that the alternative system will equal or exceed the minimum constitutional standard quality of indigent defense representation at no greater cost to the state and that the alternative system will comply with all applicable state standards relating to indigent defense representation. In the event an alternative system is approved, the board and the director shall review the operation of such system as deemed necessary and determine whether such system is eligible to continue operating as an approved alternative system. Initial and subsequent approvals of alternative systems shall be by a majority vote of the entire board. Circuits having alternative systems which are not approved by the board shall have the right to appeal to the Supreme Court of Georgia. Circuits having an approved

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alternative system shall be eligible to receive state funds in the same manner as the offices of the circuit public defender and to supplement such state funds with funds from any other source, including, without limitation, local funds. (d) The board shall be responsible for ensuring that all circuit public defenders, conflict defenders, and appointed lawyers comply with all applicable standards established under this article and shall have the authority to take any action the board deems appropriate to assure compliance with such standards. (e) The board shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia. (f) The board shall perform such other duties as may be required to carry out the purposes of this article. (g) The board shall have oversight responsibility for the office of the multicounty capital defender as provided in Article 2 of this chapter.
17-12-23. (a) The board shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article. The board is also authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article. (b) The budget of the board shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article. (c) The director of the Administrative Office of the Courts shall provide general administrative support, which shall include purchasing, payroll, and similar administrative services, to the board. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the board and may not in any manner use funds appropriated to or otherwise designated for the board. (e) The board may enter into contracts, own property, and accept funds, grants, and gifts from any public or private source for the implementation of its purposes under this article.
Part 3
17-12-40. (a) The board shall appoint a director of indigent defense. To be eligible for appointment, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the board deems appropriate. The director shall serve at the pleasure of the board and may be removed by a majority vote of the entire board. The board shall establish the directors salary.

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(b) The director shall establish and maintain a circuit public defender office for each of the judicial circuits of the superior court, except for judicial circuits in which an approved alternative delivery system is in operation. Where the director deems it appropriate, a circuit public defender office may serve more than one judicial circuit. The circuit public defender office shall represent all indigent persons within the judicial circuit it serves who are entitled to representation under this article, with the exception of cases in which such office would have a conflict of interest in providing representation. The director may establish such additional circuit public defender offices as may be necessary to assure the uniform and effective assistance of counsel for indigent persons who are entitled to representation under this article.
(c)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this article. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; and assistance with appellate advocacy. (2) The director, with the consent of the board, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this article. (3) The director may hire such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this article. (d) The director shall: (1) Prepare and submit to the board a proposed budget for the board, an annual report containing pertinent data on the operations, costs, and needs of the board, and such other information as the board may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this article and comply with all applicable laws, standards, and regulations, and submit these to the board for approval; (3) Administer and coordinate the operations of the board and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the board; (4) Maintain proper records of all financial transactions related to the operation of the board; (5) At the directors discretion, solicit and accept on behalf of the board any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the board with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this article and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services;

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(7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this article; (8) Attend all board meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the board are not greater than the amounts budgeted or available from other revenue sources; and (10) Perform other duties as the board may assign.
17-12-41. (a) The director shall appoint the circuit public defender for each of the circuit offices. Nominations for the position of circuit public defender shall be made as follows:
(1) The governing authority of each county comprising the circuit shall separately nominate up to three candidates; (2) The superior court judges of the circuit shall nominate up to three candidates; and (3) The circuit bar association shall nominate up to three candidates. The director shall consider, but not be limited to, such nominees; provided, however, that if the director appoints a person who is not one of the nominees, any nominating authority may petition the board to review the decision of the director. In that event, the board shall consider such information as any party presents to it and shall make a final determination as to the appointment. (b) To be eligible for appointment as circuit public defender, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The board may establish such additional qualifications as it deems appropriate. The board shall establish the salaries of the circuit public defenders. (c) The circuit public defender shall be appointed for a term of four years and may be removed during the term at the pleasure of the director with the consent of a majority of the entire board. Circuit public defenders may be reappointed to additional terms at the discretion of the director.
17-12-42. (a) The circuit public defender shall hire such additional assistant public defenders as may be required to assure the uniform and effective assistance of counsel to indigent persons entitled to representation under this article and substantial compliance with the maximum caseload guidelines approved by the board. The circuit public defender shall also hire or contract with such additional support staff, including attorneys, investigators, social workers, paraprofessionals, clerical assistants, secretaries, and other personnel, as the circuit public defender and director shall deem necessary to accomplish the purposes of this article. (b) The circuit public defender office shall make an initial determination of the financial eligibility of any person or juvenile arrested, detained, or charged in any manner that would entitle him or her to representation under this article, according to the standards for indigence established by the board.

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(c) Subject to the standards adopted by the board and consistent with the policies and procedures established by the director, the circuit public defenders shall administer and coordinate the day-to-day operations of their respective circuit public defender offices and shall supervise the assistant public defenders and other staff serving in the circuit public defender office to which the circuit public defender is appointed. (d) The circuit public defender shall keep and maintain appropriate records and make periodic reports to the director. These records shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article; and any other information requested by the director or the board.
17-12-43. (a) The board shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This procedure may be by appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office. (b) Lawyers who seek appointment in conflict cases shall be approved by the chief superior court judge in the circuit where the case is pending; must have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are appointed; and must meet such qualifications and standards for the representation of indigent defendants as are established by the board. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity.
17-12-44. (a) The circuit public defender office shall provide representation in the following actions and proceedings:
(1) Any case prosecuted under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged; (2) A hearing on a revocation of probation; (3) Any case prosecuted in juvenile court where the juvenile may face a disposition of confinement, commitment, or probation; and (4) Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection. (b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process. 17-12-45.

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The government authority having custody of a person at the time of arrest shall provide the person arrested with an effective means of immediately contacting the circuit public defender office to request representation.
17-12-46. The governing authority of each county shall provide, in conjunction and cooperation with the other counties in the judicial circuit, and in pro rata share, according to the indigent caseload of each such county, appropriate facilities, including office space, furniture, equipment, books, postage, supplies, utilities, telephone expenses, materials, and interviewing facilities, in the jail and courthouse as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender serving the judicial circuit in which such county is located. The provision of any such facilities, furniture, equipment, books, postage, supplies, utilities, telephone expenses, materials, and interviewing facilities shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.
17-12-47. The director and any attorney employed by the board or by any circuit public defender or conflict defender office operating under this article shall not engage in the private practice of law unless otherwise authorized by rules promulgated by the board. Notwithstanding any other restrictions as may be imposed in this article, attorneys with pending private legal matters at the time of appointment with any such office shall have a reasonable length of time to conclude or transfer such cases, consistent with the applicable standards of professional and ethical conduct. This subsection shall not apply to private attorneys who accept appointments on a case-by-case basis.
17-12-48. Nothing in this article shall be construed to limit the power of the court in which an action is brought to order the state to pay expenses for the legal representation of an indigent person in a criminal case as may be required by the Constitution or laws of the State of Georgia or of the United States in order to ensure the person is afforded the right to effective assistance of counsel and a fair trial.
Part 4
17-12-60. There is created the mental health advocacy division of the Georgia Indigent Defense Board for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The division shall serve all counties of this state.

17-12-61.

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The mental health advocacy division shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office.
17-12-62. The Georgia Indigent Defense Board and the director of indigent defense shall be responsible for management of the division. Managerial duties shall include, but are not limited to, the following:
(1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the divisions staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this part; and (4) Preparing an annual budget for the division, administering the funds made available to the division, and overseeing the expenditure of such funds.
17-12-63. The board and the director shall prepare an annual budget showing all anticipated expenses of the division for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the mental health advocate.
17-12-64. The mental health advocate shall be appointed by and shall serve at the pleasure of the board. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the board.
17-12-65. The mental health advocate shall employ, with the advice and consent of the board and the director and in the manner and at the compensation prescribed by the board, as many assistant attorneys, clerks, investigators, stenographers, and any other persons as may be necessary for carrying out the responsibilities assigned to the division by law. A person employed under this Code section serves at the pleasure of the mental health advocate and the director.
17-12-66. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in this article, the court in which such charges are pending shall notify the mental health advocacy division of the board and the division may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if

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the resources, funding, and staffing of the division allow; provided, however, that the public defender of any county or the court appointed attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the court or the court appointed attorney from requesting the participation of the division prior to a finding of not guilty by reason of insanity at the time of the crime. The court or the court appointed attorney may request that the division assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law."
SECTION 2-2. Said chapter is further amended by redesignating Code Sections 17-12-60 through 17-1262 as Code Sections 17-12-80 through 17-12-82, respectively.
SECTION 2-3. Said chapter is further amended by redesignating Code Sections 17-12-70 through 17-1272 as Code Sections 17-12-100 through 17-12-102, respectively.
PART III SECTION 3-1. Said chapter is further amended by striking Article 5, relating to the office of the multicounty public defender, and inserting in lieu thereof the following:
"ARTICLE 5
17-12-90 17-12-120. As used in this article, the term:
(1) 'Board' means the Georgia Indigent Defense Board. (1) 'Council' means the Georgia Indigent Defense Council created by Article 2 of this chapter. (2) 'Office' means the office of the multicounty public capital defender created by this article.
17-12-91 17-12-121. There is created the office of the multicounty public capital defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.
17-12-92 17-12-122.

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The office of the multicounty public capital defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-93 17-12-123. The Georgia Indigent Defense Council and the councils director board shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointment of the multicounty public capital defender; (2) Establishing the salaries of the multicounty public capital defender and the offices staff; and (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and. (4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-94 17-12-124. The council and its director multicounty capital defender shall prepare and submit to the board an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the multicounty public capital defender. The board shall have final authority over the budget and shall have authority over the expenditure of such funds as are made available to the multicounty capital defender office. The budget of the multicounty capital defender office shall be separate and independent from that of the office of the director of indigent defense.
17-12-95 17-12-125. The multicounty public capital defender shall be appointed by and shall serve at the pleasure of the council and its director board. The multicounty public capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the multicounty public defender shall be established by the council be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and defend a person charged with a capital felony.
17-12-96 17-12-126. (a) The multicounty public capital defender shall employ, with the advice and consent of the council and its director and in the manner board and at the compensation prescribed by the council board, as many assistant attorneys, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his or her responsibility under this article. A person employed under this Code section serves at

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the pleasure of the multicounty public defender and the councils director capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-97 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending may notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow; provided, however, that the public defender of any county shall have the option to assume sole responsibility for the defense of any such person. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, such defense shall be provided as otherwise provided by law. (c) The office shall be responsible for the defense of any person referred to it pursuant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court."
SECTION 3-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-76.1, relating to election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, and inserting in lieu thereof the following:
"15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Indigent Defense Council Board within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 156-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks

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may change their election by written notice to the Georgia Indigent Defense Council Board. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council Board for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include but not be limited to cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17. (f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Indigent Defense Council Board."
SECTION 3-3. Said title is further amended by striking Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-7-49.

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When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 3-4. Said title is further amended by striking Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."
SECTION 3-5. Said title is further amended by striking Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 3-6. Said title is further amended by striking Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, and inserting in lieu thereof the following:
"15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council Board

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for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Indigent Defense Council Board."
SECTION 3-7. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-6A-3, relating to membership on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 24 members and shall be composed as follows:
(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the director of the Georgia Indigent Defense Council indigent defense, the chairman of the Children and Youth Coordinating Council, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.

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(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The director of the Georgia Indigent Defense Council indigent defense shall be become a member effective on July 1, 1997 on December 31, 2003. (d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 3-8. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, is amended by inserting at the end thereof new subsections (f), (g), and (h) to read as follows:
"(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Indigent Defense Board for representation of indigent persons in this state. (g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Indigent Defense Board for representation of indigent persons in this state. (h) Any municipality or municipal court may contract with the Georgia Indigent Defense Board as a means of complying with the municipalitys or municipal courts legal obligation to provide defense counsel at no cost to indigent persons appearing before the court in relation to violations of municipal ordinances, county ordinances, or state laws. The circuit public defender office or other approved indigent defense system for the judicial circuit in which the municipality is located shall have the obligation to provide such counsel for any case originating in municipal court that

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involves a charge of violation of state law and is bound over for prosecution to the state or superior court of the county in which the municipality is located."
PART IV SECTION 4-1.
Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II of this Act shall become effective on March 1, 2005. Part III of this Act will become effective on December 31, 2003.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th and Tanksley of the 32nd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 102 by striking lines 23 through 25 of page 8 and inserting in lieu thereof the following: "system meets or exceeds the standards promulgated by the board for the operation of indigent defense systems at no greater cost to the state. In"
On the adoption of the amendment, the yeas were 47, nays 0, and the Clay, Tanksley amendment was adopted.
Senators Adelman of the 42nd, Meyer von Bremen of the 12th and Reed of the 35th offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 102 by striking lines 15 through 32 of page 6 and inserting in lieu thereof the following: "(a) The board shall consist of 13 members. The Georgia Supreme Court shall appoint ten members, one from each of the states ten judicial districts, and the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint one member. In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall receive suggestions from the State Bar of Georgia, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. Board members shall serve four-year terms with a limit of two consecutive full terms after any initial abbreviated or unexpired term. The initial terms for board members representing odd-numbered judicial districts and the initial term for the appointee of the

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Lieutenant Governor shall be for two years, while all other initial appointees shall serve four-year terms."

Senator Adelman of the 42nd asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and amendment #2 was withdrawn.

Senator Adelman of the 42nd offered the following amendment:

Amend the committee substitute to SB 102 by p. 2, line 15 delete "Governor" and in its place insert "Supreme Court".

p. 2, line 16 delete "seven" and insert in its place "all".

p. 2 beginning at line 18 delete from "Three" through line 22 "member." Insert in its place "The Governor shall appoint five members."

p. 2 lines 30-31 delete beginning with "and" through "Assignments".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle
Cheeks N Clay N Collins N Crotts Y Dean
Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

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On the adoption of the amendment, the yeas were 25, nays 29, and the Adelman amendment was lost.

On the adoption of the substitute, the yeas were 56, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 56, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Price of the 56th recognized members of the Georgia Recreation and Parks Association, commended by SR 115, adopted previously.

Senator Brush of the 24th recognized representatives of the Georgia Association of Educators, commended by SR 111, adopted previously.

Senator Johnson of the 1st, President Pro Tempore, assumed the Chair.

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The Calendar was resumed.

SB 11. By Senators Johnson of the 1st, Hill of the 4th and Kemp of the 3rd:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; to provide an effective date; to provide for applicability; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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The following communication was received by the Secretary:

Please record my vote on SB 11 as a Yes vote.

/s/ Tommie Williams, 19th District

SB 44. By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:

A BILL to be entitled an Act to amend Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provisions concerning guardians, so as to provide certain immunities from liability for persons serving as guardians ad litem; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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297

The following communications were received by the Secretary:
Please record my vote on SB 44 as a Yes vote. /s/ Tommie Williams, 19th District
I intended to vote Yes on SB 44. /s/ Liane Levetan
The Calendar was resumed.
SB 29. By Senators Seay of the 34th, Starr of the 44th, Clay of the 37th, Balfour of the 9th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.
The Senate Education Committee offered the following amendment:
Amend SB 29 by inserting on line 4 of page 1 immediately before "to repeal conflicting laws" the following:
"to provide that local policy shall not permit use of a personal electronic communication device by a student in certain circumstances;".
By striking line 20 of page 1 and inserting in lieu thereof the following: "disciplinary actions for possession in violation of the prohibition. However, the local board policy shall not permit the use by a student of any personal electronic communication device during classroom instructional time or when a student is being transported in a school operated vehicle."
On the adoption of the amendment, the yeas were 38, nays 2, and the committee amendment was adopted.
Senator Seay of the 34th offered the following floor substitute to SB 29:

A BILL TO BE ENTITLED AN ACT

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To amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"20-2-1183. (a) No local board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education. (b) Any student found in violation of the provisions of this Code section be subject to placement in an alternative education program. The possession of an electronic communication device by a student in school shall be permitted or prohibited as specifically prescribed by rule or policy set by the local board of education. If prohibited, the local board of education may provide for exceptions to such prohibition and for disciplinary actions for possession in violation of the prohibition. If possession of an electronic communication device by a student in school is permitted, the local board policy shall not permit the use by a student of any personal electronic communication device during classroom instructional time or when a student is being transported in a school operated vehicle."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the Seay substitute was adopted.
Pursuant to Senate Rule 143, action on SB 29 was suspended, and SB 29 was placed on the Senate General Calendar.
SB 46. By Senators Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Peace Officer and Prosecutor Training Fund, so as to provide that such fund shall be used solely for peace officer and prosecutor training; to provide for an accounting of receipts and appropriations; to repeal conflicting laws; and for other purposes.

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299

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 48. By Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd:

A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile records and hearings, so as to provide that the disposition and evidence of juvenile proceedings may be used by a defendant in a civil action brought by the juvenile based upon the factual circumstances surrounding said proceeding; 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.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan N Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer N Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Zamarripa

On the passage of the bill, the yeas were 45, nays 6.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

February 17, 2003

The State Senate Atlanta, Georgia 30334

Mr. Frank Eldridge, Jr., Secretary Secretary of the Senate Office Room 353, State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:

Recently, I cosponsored Senate Bill 131. After careful consideration, I have decided that I no longer desire to be a cosponsor of this legislation. However, I will still reserve my rights to vote on the legislation at the proper time.

MONDAY, FEBRUARY 17, 2003

301

Please note for the record my decision.
Thank you.
Sincerely,
/s/ Ross Tolleson 18th Senatorial District
Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.
The motion prevailed, and Senator Johnson of the 1st, President Pro Tempore, announced the Senate adjourned at 3:45 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 18, 2003 Nineteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 56.

By Representative Childers of the 13th, Post 1:

A BILL to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide for the Georgia Association of Kidney Patients to recommend one member of the Renal Dialysis Advisory Council; and for other purposes.

HB 178.

By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Day of the 126th, Keen of the 146th, Hill of the 147th and others:

A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; and for other purposes.

HB 189.

By Representatives Buck of the 112th, Royal of the 140th and Williams of the 4th:

A BILL to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor,

TUESDAY, FEBRUARY 18, 2003

303

manufacturer, or converter of tangible personal property, so as to provide for fair market value of certain carpet samples for sales and use tax purposes; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 25.

By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smyre of the 111th and Smith of the 110th:

A RESOLUTION commending Robert Henry Jordan; designating the Robert Henry Jordan Memorial Highway; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:

A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Banking and Financial Institutions Committee.

SB 158. By Senator Lee of the 29th:

A BILL to be entitled an Act to create the City of LaGrange Gas 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 of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings 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

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revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 159. By Senators Zamarripa of the 36th, Golden of the 8th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for a program of retirement options; to state legislative findings; to provide for development and implementation of options; to provide for concurrent funding and certification of compliance; to provide for restrictions, conditions, and limitations with respect to the filling of positions from which employees retire under such options; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 160. By Senators Seabaugh of the 28th, Lamutt of the 21st, Golden of the 8th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to definition of employment for purposes of the Employment Security Law, so as to exclude services performed for a Subchapter "S" corporation by an owner of such corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 161. By Senators Seabaugh of the 28th, Cagle of the 49th, Lamutt of the 21st, Hall of the 22nd and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of assessments, so as to eliminate the limitation of the amount of interest which shall be paid to a taxpayer under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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305

SB 162. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to enact the "Health Care Protection Act of 2003"; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that violations of various health care licensing provisions shall be felonies; to provide for an increase in the penalties for violations of various health care licensing provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 163. By Senators Tanksley of the 32nd, Thompson of the 33rd and Clay of the 37th:
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 in general, so as to provide for a method of collection of delinquent fines, costs, or restitution or reparation; to provide for the execution of an affidavit and the issuance of a writ of fieri facias; to provide for enforcement in the same manner as a civil writ of execution; to provide for the costs of collection proceedings; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 164. By Senators Golden of the 8th, Lamutt of the 21st, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio, so as to change a provision relating to a change in the tax rate; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 165. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-182 of the Official Code of Georgia Annotated, relating to the authority to collect an administrative assessment and to deposit the funds in a clearing account, so as

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to provide for the allocation of such funds; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 166. By Senators Lamutt of the 21st, Seabaugh of the 28th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 167. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-155 of the Official Code of Georgia Annotated, relating to benefit experience and variations from standard rate of employer contributions during certain periods, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 168. By Senators Lee of the 29th, Stephens of the 51st and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to provide for comprehensive ethics reforms; to change certain provisions regarding definitions; to change certain provisions regarding powers, duties, and responsibilities of the State Ethics Commission; to change certain provisions regarding initiation of certain complaints; to change certain provisions regarding connected organizations; to change certain provisions regarding contributions; to change certain provisions regarding disclosure reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

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307

SB 169. By Senators Mullis of the 53rd, Bowen of the 13th, Price of the 56th, Johnson of the 1st, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 170. By Senators Jackson of the 50th, Dean of the 31st, Zamarripa of the 36th, Gillis of the 20th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Georgia Independence Plus Act"; to provide for certain intentions of the General Assembly; to provide for the establishment of a consumer or family directed care program; to provide for definitions; to provide for the roles and responsibilities of consumers, departments, and fiscal intermediaries; to provide for reimbursement for the cost of background screenings; to provide for review of the program and reports to the General Assembly; to require a plan to reduce the number of certain nursing home bed days; to require an evaluation of the cost effectiveness of the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 171. By Senators Levetan of the 40th, Unterman of the 45th, Price of the 56th, Thomas of the 54th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide for procedures relating to reimbursement of hospitals by counties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SR 146. By Senator Seabaugh of the 28th:
A RESOLUTION creating the Senate Study Committee on Educational Testing; and for other purposes.
Referred to the Education Committee.
SR 150. By Senator Lee of the 29th:
A RESOLUTION designating SR 41 in Meriwether County as the Dan and Marie Branch Highway; and for other purposes.
Referred to the Transportation Committee.
SR 159. By Senators Seabaugh of the 28th, Lee of the 29th, Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the appropriation of certain sales tax proceeds for local assistance road program purposes; to provide for conditions and limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.
SR 160. By Senators Shafer of the 48th, Cagle of the 49th, Balfour of the 9th, Price of the 56th, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.

The following House legislation was read the first time and referred to committee:
HB 56. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide for the Georgia

TUESDAY, FEBRUARY 18, 2003

309

Association of Kidney Patients to recommend one member of the Renal Dialysis Advisory Council; and for other purposes.
Referred to the Health and Human Services Committee.

HB 178. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Day of the 126th, Keen of the 146th, Hill of the 147th and others:
A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 189. By Representatives Buck of the 112th, Royal of the 140th and Williams of the 4th:
A BILL to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor, manufacturer, or converter of tangible personal property, so as to provide for fair market value of certain carpet samples for sales and use tax purposes; and for other purposes.
Referred to the Finance Committee.

HR 25. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smyre of the 111th and Smith of the 110th:
A RESOLUTION commending Robert Henry Jordan; designating the Robert Henry Jordan Memorial Highway; and for other purposes.
Referred to the Transportation Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

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SB 108 SB 109

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Crotts of the 17th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 85

Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 94 SB 122 SB 129

Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused.

Senator Smith of the 25th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused.

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311

The roll was called and the following Senators answered to their names:

Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall Hamrick

Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Tolleson Unterman Zamarripa

Those not answering were Senators:

Adelman Lee (Excused) Williams

Blitch (Excused) Stephens (Excused)

Kemp, R. Thompson (Excused)

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators: Adelman

Blitch

Kemp, R.

The members pledged allegiance to the flag.

Senator Smith of the 52nd introduced the chaplain of the day, Reverend Scott Jackson of Rome, Georgia, who offered scripture reading and prayer.

Senator Bowen of the 13th introduced Miss Laura Bland, 2003 Watermelon Queen, commended by SR 88, adopted previously.

Senator Stokes of the 43rd introduced representatives of Rockdale County, commended by SR 161, adopted previously.

The following resolution was read and adopted:

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SR 164. By Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Brown of the 26th and Hooks of the 14th:
A RESOLUTION commending Rebecca Paul; and for other purposes.
Senator Meyer von Bremen of the 12th introduced Rebecca Paul, President of Georgia Lottery Corporation, who addressed the Senate briefly.
Senator Stokes of the 43rd recognized representatives of "African American Business Enterprise Day" at the capitol, commended by SR 114, adopted previously. Senator Stokes of the 43rd introduced GSAABO Chairperson, Deborah Abdul-Raheem, who addressed the Senate briefly.
Senator Tate of the 38th introduced the doctor of the day, Dr. Edward Lloyd.
The President introduced Congressman Johnny Isakson, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 147. By Senator Cheeks of the 23rd:
A RESOLUTION commending Marcus Perry; and for other purposes.
SR 148. By Senator Kemp of the 46th:
A RESOLUTION recognizing and commending the bicentennial of the Demosthenian Literary Society; and for other purposes.
SR 149. By Senator Lee of the 29th:
A RESOLUTION honoring J. T. "Tommy" Gresham; and for other purposes.
SR 151. By Senator Tolleson of the 18th:
A RESOLUTION commending the Bonaire Middle School Jazz Band; and for other purposes.
SR 152. By Senator Tolleson of the 18th:
A RESOLUTION commending and congratulating Lela and Percy Smith on their sixtieth wedding anniversary; and for other purposes.

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313

SR 153. By Senators Johnson of the 1st and Kemp of the 3rd:
A RESOLUTION commending the Brunswick Chapter of the Daughters of the American Revolution; and for other purposes.
SR 154. By Senators Johnson of the 1st, Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th:
A RESOLUTION expressing support of Israel in its fight against terrorism; and for other purposes.
SR 155. By Senator Dean of the 31st:
A RESOLUTION expressing regret at the passing of Curtis Lee Pickett and recognizing April as Sleep Apnea Awareness Month; and for other purposes.
SR 156. By Senator Dean of the 31st:
A RESOLUTION commending the City of Buchanan on its new City Hall; and for other purposes.
SR 157. By Senators Thompson of the 33rd, Tanksley of the 32nd, Lamutt of the 21st and Clay of the 37th:
A RESOLUTION congratulating Sarah Wyatt, Miss Cobb County 2003; and for other purposes.
SR 158. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd, Hamrick of the 30th, Balfour of the 9th and others:
A RESOLUTION recognizing Breathe Georgia Day at the state capitol; and for other purposes.
SR 161. By Senators Stokes of the 43rd and Crotts of the 17th:
A RESOLUTION recognizing and commending Rockdale County; and for other purposes.
SR 162. By Senators Brush of the 24th, Crotts of the 17th, Thomas of the 10th and Mullis of the 53rd:
A RESOLUTION recognizing the month of May, 2003, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

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SR 165. By Senator Dean of the 31st:

A RESOLUTION commending Ms. Anslie Garner Philpot; and for other purposes.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 18, 2003 NINETEENTH LEGISLATIVE DAY

SB 29

Electronic/Communication devices; local board of education to establish policy for students in school (Substitute)(ED-34th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 17, 2003.)

SB 37

Electric assistive mobility device; lights on garbage trucks; regulate (Substitute)(TRANS-33rd)

SB 71

Disaster relief; counseling services; license exemption (H&HS-25th)

SB 76

State Official Salaries; General Assembly members and Lt. Gov., 10% salary reduction (Substitute)(APPROP-56th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final action suspended on Monday, February 17, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued on its passage:

SB 29. By Senators Seay of the 34th, Starr of the 44th, Clay of the 37th, Balfour of the 9th and Thomas of the 2nd:

A BILL to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.

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315

The substitute offered by Senator Seay of the 34th as it appears in the Journal of Monday, February 17, 2003, was automatically reconsidered.

On the adoption of the substitute, the yeas were 34, nays 0, and the Seay substitute was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Shafer
Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Please record my vote on SB 29 as Yes. My machine was inoperable. /s/ Senator Blitch, 7th District

Please record my vote on SB 29 as Yes. /s/ Senator Shafer, 48th District

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Senator Meyer von Bremen of the 12th asked unanimous consent that SB 37 be dropped to the foot of the Senate Rules Calendar for today. The consent was granted and SB 37 was dropped to the foot of the Calendar.

The following legislation was read the third time and put upon its passage:

SB 71. By Senators Smith of the 25th, Squires of the 5th and Butler of the 55th:

A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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317

SB 76. By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Lamutt of the 21st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Appropriations Committee offered the following substitute to SB 76:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d) Notwithstanding any provision of this Code section to the contrary, the annual salary being received on January 31, 2003, by the Lieutenant Governor, each member of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, and commissioners, constitutional officers, or such other officials in charge of a state agency shall be decreased by 10 percent. Such reduction shall remain in effect until December 31, 2004. This subsection shall stand repealed in its entirety on December 31, 2004."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Hooks of the 14th, Meyer von Bremen of the 12th, Golden of the 8th, Jackson of the 50th, Gillis of the 20th and others offered the following amendment:

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Amend the Senate Appropriations Committee substitute to SB 76 by inserting after "45-

7-4"on line 1 of page 1 "and Code Section 28-1-8", by inserting after "officials," on line 2
of page 1, "and relating to salary and allowances of members, so as to specify certain expense requirements;", and by inserting between lines 16 and 17 of page 1 the

following:

"SECTION 1.1.

Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and

allowances of members, is amended by adding a new paragraph to read as follows: "(5) Any member of the General Assembly shall not receive the daily expense allowance for housing expenses unless the member submits a receipt."

Senator Price of the 56th offered the following amendment:

Amend floor amend AM 29 0107 by striking from "who" on line 8 through "meeting" on line 9.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
Bowen Y Brown N Brush Y Bulloch Y Butler Y Cagle N Cheeks
Clay N Collins N Crotts Y Dean Y Fort N Gillis Y Golden N Hall Y Hamrick

N Harbison N Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes N Tanksley
Tate Y Thomas,D Y Thomas,N N Thomas,R E Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 36, nays 15, and the Price amendment to the Hooks, et al. amendment was adopted.

TUESDAY, FEBRUARY 18, 2003

319

On the adoption of the Hooks et al. amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle Y Cheeks
Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall N Hamrick

Y Harbison N Harp
Henson Y Hill Y Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr Y Stephens Y Stokes N Tanksley
Tate N Thomas,D Y Thomas,N Y Thomas,R E Thompson N Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 35, nays 17, and the Hooks, et al. amendment was adopted as amended.

Senators Brush of the 24th and Cheeks of the 23rd offered the following amendment:

Amend the committee substitute to SB 76 by striking and on line 13 all of line 14.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman N Balfour Y Blitch N Bowen N Brown Y Brush N Bulloch N Butler Y Cagle Y Cheeks

N Harbison N Harp
Henson N Hill N Hooks Y Hudgens N Jackson N Johnson N Kemp,B N Kemp,R

N Seay Y Shafer N Smith,F N Smith,P N Squires N Starr N Stephens N Stokes Y Tanksley
Tate

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Clay N Collins Y Crotts N Dean N Fort N Gillis N Golden Y Hall N Hamrick

Y Lamutt Y Lee N Levetan N Me V Bremen N Moody N Mullis Y Price N Reed Y Seabaugh

Thomas,D N Thomas,N N Thomas,R E Thompson Y Tolleson N Unterman N Williams N Zamarripa

On the adoption of the amendment, the yeas were 14, nays 37, and the Brush, Cheeks amendment to the committee substitute was lost.

Senator Thomas of the 2nd offered the following amendment:

Amend the committee substitute to SB 76 by striking on line 11 pg 1 "the Lt. Gov."

Senator Thomas of the 2nd asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 53, nays 2, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson

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321

Y Gillis Y Golden Y Hall Y Hamrick

Y Mullis Y Price Y Reed Y Seabaugh

Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then adjourn, pursuant to SR 110, until 11:00 a.m., Wednesday, February 26, 2003; the President announced the motion prevailed at 12:38 p.m.

The Senate adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 26, 2003 Twentieth Legislative Day

The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 53.

By Representative Childers of the 13th, Post 1:

A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an organ recipient to the Advisory Board on Anatomical Gift Procurement; and for other purposes.

HB 245. By Representatives Channell of the 77th and Hudson of the 95th:

A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to change the description of the education districts; and for other purposes.

HB 248. By Representatives Channell of the 77th and Hudson of the 95th:

A BILL to amend an Act creating the board of commissioners for Putnam County, so as to change the description of the commissioner districts; and for other purposes.

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323

HB 263.

By Representatives Smith of the 13th, Post 2, Noel of the 44th, Stephens of the 123rd and Burmeister of the 96th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass transportation service; and for other purposes.

HB 343.

By Representatives Boggs of the 145th and Mosley of the 129th, Post 1:
A BILL to amend an Act providing for the revised and restated charter for the City of Waycross, so as to change the description of the commission districts; and for other purposes.

HB 370.

By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Manning of the 32nd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; and for other purposes.

HB 375.

By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Ehrhart of the 28th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

HB 391.

By Representatives Keen of the 146th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Williams of the 128th:
A BILL to amend an Act providing for the Board of Education of Glynn County, so as to change the composition of such board and abolish certain positions and create new positions; and for other purposes.

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HB 396. By Representative James of the 114th:

A BILL to amend an Act creating a new charter for the City of Reynolds, so as to provide for the compensation of the mayor and the council members; and for other purposes.

HB 399. By Representative Greene of the 134th:

A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

HB 402.

By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:

A BILL to amend an Act creating a board of commissioners for Evans County, so as to change the description of the commissioner districts; and for other purposes.

HB 403.

By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Buckner of the 82nd:

A BILL to provide for a homestead exemption from City of Lake City ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 172. By Senators Hudgens of the 47th, Cagle of the 49th, Gillis of the 20th, Collins of the 6th, Shafer of the 48th and Bulloch of the 11th:

A BILL to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; to provide for certain emergencies; to define certain terms; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

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325

SB 173. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide for the disclosure of information to governmental agencies; to provide for the addition and modification of certain definitions; to provide for certain prohibitions against the operation of a commercial motor vehicle; to provide for an additional endorsement for a commercial drivers license; to provide for additional investigation of applicants for commercial drivers licenses; to provide for additional disqualifications from operating a commercial motor vehicle; to correct a reference; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 174. By Senators Meyer von Bremen of the 12th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change provisions relating to prerequisites for transfer of structured settlement payment rights; to provide for court filings; to provide for hearings relative to transfers; to change provisions relating to notification of cancellation rights; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 175. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to clarify the provisions relating to oral scientific reports; to make such article applicable to sentencing hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 176. By Senators Meyer von Bremen of the 12th and Gillis of the 20th:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to require the governing authority of each county to provide an acceptable location for the disposal of septic tank waste; to authorize a county to enter into

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agreements to dispose of septic tank waste in lieu of providing a location for such disposal within the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 177. By Senator Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change the criminal penalty for knowing and willful failure or refusal to provide access to records; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 178. By Senators Clay of the 37th, Hamrick of the 30th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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327

SB 180. By Senators Kemp of the 3rd, Bulloch of the 11th, Hooks of the 14th, Harp of the 16th, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to provide for comprehensive state water planning; to provide legislative findings and declarations; to change certain provisions relating to declaration of policy and legislative intent relative to control of water pollution and surface-water use; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; to provide an effective date; to provide for effect on certain rights and standing; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 181. By Senators Zamarripa of the 36th, Brown of the 26th, Stokes of the 43rd, Starr of the 44th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for legislative findings; to provide a title; to change certain provisions relating to the definition of "resident"; to provide for other forms of identification to be included in applications for drivers licenses; to provide that the department shall accept drivers licenses from other countries; to provide that the department may verify authenticity of drivers licenses; to provide that this Act shall not conflict with federal laws and policies; to amend Article 1 of Chapter 11 of Title 19 of the O.C.G.A., relating to the Child Support Recovery Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial

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in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 183. By Senators Harp of the 16th, Bulloch of the 11th, Hudgens of the 47th and Gillis of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to change certain provisions relating to notices and reporting required for certain diseases; to prohibit knowingly introducing into this state certain animal diseases, syndromes, chemicals, poisons, or toxins; to require reports of certain diseases, syndromes, conditions, or acts related thereto; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SR 163. By Senators Seabaugh of the 28th, Cagle of the 49th, Shafer of the 48th and Mullis of the 53rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a limitation on taxation, spending, and new or expanded activities by state government; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 171. By Senators Clay of the 37th, Collins of the 6th and Tanksley of the 32nd:
A RESOLUTION designating the historic Dixie Highway Auto Trail; and for other purposes.
Referred to the Transportation Committee.
SR 184. By Senator Cheeks of the 23rd:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke Veterans Parkway; and for other purposes;
Referred to the Transportation Committee.

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329

The following House legislation was read the first time and referred to committee:
HB 53. By Representative Childers of the 13th, Post 1:
A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an organ recipient to the Advisory Board on Anatomical Gift Procurement; and for other purposes.
Referred to the Health and Human Services Committee.

HB 245. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to change the description of the education districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 248. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to amend an Act creating the board of commissioners for Putnam County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 263. By Representatives Smith of the 13th, Post 2, Noel of the 44th, Stephens of the 123rd and Burmeister of the 96th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass transportation service; and for other purposes.
Referred to the Transportation Committee.

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HB 343. By Representatives Boggs of the 145th and Mosley of the 129th, Post 1:
A BILL to amend an Act providing for the revised and restated charter for the City of Waycross, so as to change the description of the commission districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 370. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Manning of the 32nd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 375. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Ehrhart of the 28th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 391. By Representatives Keen of the 146th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Williams of the 128th:
A BILL to amend an Act providing for the Board of Education of Glynn County, so as to change the composition of such board and abolish certain positions and create new positions; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 396. By Representative James of the 114th:
A BILL to amend an Act creating a new charter for the City of Reynolds, so as to provide for the compensation of the mayor and the council members; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 399. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 402. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating a board of commissioners for Evans County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 403. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Buckner of the 82nd:
A BILL to provide for a homestead exemption from City of Lake City ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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SB 78

Do Pass

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 134 Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 45 SB 80

Do Pass as amended Do Pass by substitute

SB 104 SB 105

Do Pass Do Pass

Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 22

Do Pass by substitute

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

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SB 5 SB 52

Do Pass Do Pass

Respectfully submitted, Senator Shafer of the 48th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 265 Do Pass

Respectfully submitted, Senator Unterman of the 48th District, Chairman

The following legislation was read the second time:

SB 85

SB 94

SB 108

SB 109

SB 122

SB 129

Senator Harbison of the 15th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused.

Senator Bulloch of the 11th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Jackson of the 50th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused.

Senator Hill of the 4th asked unanimous consent that Senators Kemp of the 3rd, Blitch of the 7th and Williams of the 19th be excused. The consent was granted, and Senators Kemp, Blitch and Williams were excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Bowen Brown Brush Bulloch Butler

Harbison Henson Hill Hooks Hudgens Jackson Johnson

Seabaugh Seay Shafer Smith,P Squires Starr Stephens

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Cagle Clay Collins Crotts Dean Gillis Golden Hall Hamrick

Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Unterman Zamarripa

Those not answering were Senators:

Blitch (Excused) Harp (Excused) Tolleson (Excused)

Cheeks Kemp, R. (Excused) Williams (Excused)

Fort Smith, F. (Excused)

Senator Cheeks was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

Senator Thomas of the 2nd introduced the chaplain of the day, Pastor Ronald Greene of Savannah, Georgia, who offered scripture reading and prayer.

Senator Tate of the 38th introduced the doctor of the day, Dr. Shep Dunlevie.

The following resolutions were read and adopted:

SR 166. By Senator Butler of the 55th:

A RESOLUTION recognizing the Dynamic 55th Senate District Advisory Council; and for other purposes.

SR 167. By Senator Williams of the 19th:

A RESOLUTION commending the Wayne County 4-H (Senior) Archery Team; and for other purposes.

SR 168. By Senators Williams of the 19th, Gillis of the 20th, Starr of the 44th and Cheeks of the 23rd:

A RESOLUTION commending the Youth Assembly and Junior Youth Assembly programs of the State YMCA of Georgia; and for other purposes.

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335

SR 169. By Senators Hall of the 22nd and Brush of the 24th:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the sixth annual Emergency Medical Services (EMS) Recognition Day; and for other purposes.
SR 170. By Senator Golden of the 8th:
A RESOLUTION recognizing and commending Edith Smith; and for other purposes.
SR 172. By Senator Hill of the 4th:
A RESOLUTION supporting the Future Educators of America; and for other purposes.
SR 173. By Senators Hill of the 4th, and Mullis of the 53rd:
A RESOLUTION recognizing and commending Master Trooper Robert Kevin Turner; and for other purposes.
SR 174. By Senators Hill of the 4th and Brown of the 26th:
A RESOLUTION recognizing and commending Officer Stewart Cronin; and for other purposes.
SR 175. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Assistant Special Agent in Charge Janet R. Oliva; and for other purposes.
Senator Hill of the 4th introduced Master Trooper Robert Kevin Turner, Officer Stewart Cronin, Assistant Special Agent in Charge Janet R. Oliva, commended by SR 173, SR 174 and SR 175, adopted previously.
SR 176. By Senators Stephens of the 51st, Moody of the 27th and Lamutt of the 21st:
A RESOLUTION recognizing and commending Steve Stancil; and for other purposes.

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SR 177. By Senator Cheeks of the 23rd:
A RESOLUTION honoring Mary Stone Hargrove; and for other purposes.
SR 178. By Senator Harp of the 16th:
A RESOLUTION commending all USA Track & Field (USATF) Georgia members, past members, member organizations, and USATF related providers, and declaring March 11, 2003, and henceforth annually, as "USA Track & Field Recognition Day in Georgia"; and for other purposes.
SR 179. By Senator Harp of the 16th:
A RESOLUTION to recognize and commend Dave McGee; and for other purposes.
SR 180. By Senators Harp of the 16th and Harbison of the 15th:
A RESOLUTION commending The Medical Center Auxiliary of Columbus, Georgia, on its 40th anniversary; and for other purposes.
SR 181. By Senator Thompson of the 33rd:
A RESOLUTION commending Mayor Joe Jerkins; and for other purposes.
SR 182. By Senator Balfour of the 9th:
A RESOLUTION commending the Parkview High School Panthers football team; and for other purposes.
Senator Balfour of the 9th introduced the Parkview High School football team and their coach, Cecil Horne, commended by SR 182, adopted previously. Coach Horne addressed the Senate briefly.
SR 183. By Senators Crotts of the 17th, Lee of the 29th, Starr of the 44th and Gillis of the 20th:
A RESOLUTION designating March 6, 2003, as Atlanta Motor Speedway Day at the state capitol; and for other purposes.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

WEDNESDAY, FEBRUARY 26, 2003

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SENATE LOCAL CONSENT CALENDAR

Wednesday, February 26, 2003 Twentieth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

HB 265

Hooks of the 14th Harbison of the 15th Harp of the 16th COLUMBUS, CITY OF

A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

The amendment to the following bill was put upon its adoption:

*HB 265:

Senator Harbison of the 15th offered the following amendment:

Amend HB 265 by striking on Line 18 Page 2 the following

"of not less than $528.00 per annum"

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as reported, was agreed to as amended.

On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler

Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes

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Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the local bill, the yeas were 50, nays 0.

HB 265, having received the requisite constitutional majority, was passed as amended.

Senator Johnson of the 1st assumed the Chair.

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 2003
TWENTIETH LEGISLATIVE DAY

SB 24

Child care facilities; liability insurance coverage (Substitute)(C&Y-23rd)

SB 120

Prestige and special license plates; veterans awarded Purple Heart; no charge (PS&HS-19th)

SB 121

Motor vehicles; abandoned; businesses engaged in nonconsensual towing; regulations (PS&HS-19th)

SR 49

Medicare prescription drug benefit coverage; urge Congress to enact (RULES-54th)

SB 37

Electric assistive mobility device; lights on garbage trucks; regulate (Substitute)(TRANS-33rd)

Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

WEDNESDAY, FEBRUARY 26, 2003

339

The following legislation was read the third time and put upon its passage:
SB 24. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any daycare center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.
The Senate Children and Youth Committee offered the following substitute to SB 24:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any day-care center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, is amended by inserting at the end thereof the following:
"(t) The owner of any facility operated as a day-care center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility and shall notify the parent or guardian of each child under the care of the facility in writing. Such notice

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shall be in at least one-half inch letters. Each such parent or guardian must
acknowledge receipt of such notice in writing and a copy of such acknowledgment shall
be maintained on file at the facility at all times while the child attends the facility and
for 12 months after the childs last date of attendance. Failure to do so may subject the owner of the facility to a civil fine of $1,000.00 for each such infraction."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen
Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

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341

To: Secretary of the Senate Re SB 24 From: Dan Moody Date: February 26, 2003

Please adjust the Journal to reflect a Yea vote for SB 24.

/s/ Dan Moody

February 26, 2003 Re: vote on SB 24

My voting machine apparently miscued and failed to register my "Yes" vote on this bill. Please correct records to reflect this position.

Thank You,

/s/ Senator Ed Harbison

The Calendar was resumed.

SB 120. By Senators Williams of the 19th, Starr of the 44th and Johnson of the 1st:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that a person who was awarded the Purple Heart citation shall be entitled to a standard Georgia license plate at no charge; to provide that a person who has been awarded a Bronze Star (Valor), Silver Star, or Distinguished Service Cross shall be entitled to receive at no cost a special and distinctive license plate or a standard Georgia license plate; to provide for procedures; to provide for design; to provide for transfer among vehicles; to provide for related matters; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Blitch Y Bowen

Y Harbison E Harp Y Henson Y Hill

Y Seay Y Shafer E Smith,F Y Smith,P

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Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Henson of the 41st asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

The President resumed the Chair.

The Calendar was resumed

SB 121. By Senators Williams of the 19th, Jackson of the 50th and Gillis of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of abandoned motor vehicles, so as to provide that the department shall have the authority to regulate the business of nonconsensual towing; to provide that the department shall have the authority to set rates for businesses engaged in nonconsensual towing; to provide for a penalty for violation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Williams of the 19th offered the following substitute to SB 121:

A BILL TO BE ENTITLED AN ACT

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343

To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, so as to provide that the Department of Motor Vehicle Safety shall have the authority to regulate the removal and storage of commercial vehicles from private real property at the request of the private real property owner; to provide for the regulation of fees associated with the removal and storage of commercial vehicles from private real property; to provide that the governing authority of a municipality may license towing and storage firms; to provide for the regulation of rates and fees for such firms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, is amended by striking subsections (a) and (b) of Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, and inserting in their places the following:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as "private property," shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered;. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal property from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm removing and storing any such vehicle or

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trespassing personal property shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Except as provided in subsection (d) of this Code section, the Department of Motor Vehicle Safety, hereinafter referred to as the department, shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The Department of Motor Vehicle Safety is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00."
SECTION 2. Said Code section is further amended by striking subsection (d) and inserting in its place the following:
"(d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating solely within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section."
SECTION 3. This Act shall become effective on October 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the Williams substitute was adopted.
Pursuant to Senate Rule 143, action on SB 121 was suspended, and SB 121 was placed on the Senate General Calendar.

WEDNESDAY, FEBRUARY 26, 2003

345

SR 49. By Senators Thomas of the 54th, Smith of the 52nd, Moody of the 27th, Dean of the 31st, Crotts of the 17th and others:

A RESOLUTION requesting that the United States Congress enact a Medicare prescription drug benefit; 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, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes
Tanksley E Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 37. By Senators Thompson of the 33rd, Johnson of the 1st, Hooks of the 14th and Clay of the 37th:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to change certain provisions relating to powers of local authorities generally; to provide for certain equipment requirements for garbage trucks or sanitation trucks; to

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provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 37:
A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to change certain provisions relating to powers of local authorities generally; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by inserting a new paragraph (15.6) to read as follows:
"(15.6) 'Electric personal assistive mobility device' or 'EPAMD' means a selfbalancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds."
SECTION 2. Said title is further amended in said Code Section 40-1-1 by striking paragraph (33) and inserting in lieu thereof the following:
"(33) 'Motor vehicle' means every vehicle which is self-propelled other than an electric personal assistive mobility device (EPAMD)."
SECTION 3. Said title is further amended in Article 13 of Chapter 6, relating to special provisions for certain vehicles, by adding a new Part 2A to read as follows:
"Part 2A
40-6-320. (a) Electric personal assistive mobility devices may be operated on highways and on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities, provided that any person operating such a device shall have the same rights

WEDNESDAY, FEBRUARY 26, 2003

347

and duties as prescribed for pedestrians in Article 5 of this chapter and except as otherwise provided in this part. (b) No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:
(1) The maximum speed limit of the roadway is 35 miles per hour or less; or (2) The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane. (c) When traveling on any roadway of a highway, a person operating an electric personal assistive mobility device shall travel in the same direction authorized for motor vehicle traffic on such roadway.

40-6-321. Any person operating an electric personal assistive mobility device on a sidewalk or roadway shall comply with the requirements of this part or any local ordinance regulating the use of such devices pursuant to Code Section 40-6-371 and shall exercise due care to avoid colliding with, and shall yield the right of way to, persons traveling on foot.

40-6-322. No person shall operate an electric personal assistive mobility device at a speed greater than seven miles per hour when traveling on any sidewalk or 15 miles per hour elsewhere; provided, however, that a county or municipal governing authority or the commissioner of transportation may further restrict the speed of such devices in locations where pedestrian traffic is congested and there is a significant speed differential between pedestrians and operators of such devices.

40-6-323. (a) An electric personal assistive mobility device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall an electric personal assistive mobility device be parked on any sidewalk in such a manner as to prevent the movement of a wheelchair. (b) An electric personal assistive mobility device shall not be parked on any roadway in such a manner as to prevent the movement of a legally parked motor vehicle. (c) Except as otherwise provided in this Code section, any person operating an electric personal assistive mobility device shall be subject to the same parking restrictions as provided for motor vehicles under Part 1 of Article 10 of this chapter. All violations of parking restrictions shall be deemed the responsibility of the owner of such device; and, for purposes of parking restrictions, the owner shall be deemed to be in control of the device at the time of a parking violation involving such device, and no evidence of actual control by such owner need be proven as an element of the offense.

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40-6-324. No person shall carry or transport any hazardous materials on an electric personal assistive mobility device. Oxygen carried for personal medical reasons shall not be deemed a hazardous material for purposes of this Code section.
40-6-325. (a) Any electric personal assistive mobility device, when operated on any highway or sidewalk, shall be equipped with front, rear, and side reflectors which shall be visible from a distance of 300 feet when directly in front of lawful upper beams of headlights on a motor vehicle; a system that when employed will enable the operator to bring the device to a controlled stop; and, if the device is operated between one-half hour after sunset and one-half hour before sunrise, a lamp emitting a white light which, while the device is in motion, illuminates the area in front of the operator for a distance of 300 feet. (b) No person under the age of 16 years shall operate an electric assistive personal mobility device on any highway; provided, however, that a person under the age of 16 years may operate an electric assistive personal mobility device on any sidewalk if such person is wearing protective headgear which meets or exceeds the impact standards for bicycle helmets required by Code Section 40-6-296.
40-6-326. Any person who is under the influence of any intoxicating liquor or any drug to a degree which renders him or her a hazard shall not operate any electric personal assistive mobility device on any highway or sidewalk. Violation of this Code section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $500.00.
40-6-327. Any person who violates any provision of this part other than Code Section 40-6-326 shall not be guilty of a criminal offense or a moving traffic violation for purposes of Code Section 40-5-57 but shall be subject to a civil penalty not to exceed $500.00."
SECTION 4. Said title is further amended in subsection (a) of Code Section 40-6-371, relating to powers of local authorities generally, by inserting a new paragraph to read as follows:
"(18.1) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 2A of Article 13 of this chapter;".
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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349

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour E Blitch Y Bowen
Brown Y Brush Y Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden N Hall Y Hamrick

Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed N Seabaugh

Y Seay Y Shafer E Smith,F N Smith,P N Squires Y Starr Y Stephens Y Stokes Y Tanksley E Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson E Tolleson
Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 40, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 19, 2003

Dear Mr. Eldridge:

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The Committee on Assignments has added Senator Casey Cagle as an ex-officio member of the Banking and Financial Institutions Committee.

Sincerely,

/s/ Eric Johnson President Pro Tempore

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 19, 2003

Dear Mr. Eldridge:

The Committee on Assignments has appointed Senator Carol Jackson as Secretary of the Interstate Cooperation Committee. Senator Faye Smith has agreed to resign from this same committee so that Senator Clay can be added.

Sincerely,

/s/ Eric Johnson President Pro Tempore

February 24, 2003

The State Senate Atlanta, Georgia 30334

TO: FROM: RE:

Honorable Frank Eldridge, Secretary of the Senate Senator Rooney Bowen SB 133

I had originally signed on to this bill, but would like to have my name removed from the list of sponsors.

Thank you so much for your assistance in this matter.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 1:02 p.m.

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351

Senate Chamber, Atlanta, Georgia Thursday, February 27, 2003 Twenty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 25.

By Representatives Morris of the 120th, Reece of the 11th and Oliver of the 121st, Post 2:

A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; and for other purposes.

HB 287.

By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:

A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

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HB 307.

By Representatives Ray of the 108th, James of the 114th, Black of the 144th and Purcell of the 122nd:

A BILL to amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to change certain provisions relating to insurance requirements; and for other purposes.

HB 416.

By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:

A BILL to amend an Act providing for the composition of the Board of Education for Evans County, so as to change the description of the education districts; and for other purposes.

HB 419. By Representative Greene of the 134th:

A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provisions regarding vacancies and the city manager; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

SB 185. By Senator Thomas of the 2nd:

A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., known as the "Natural Gas Competition and Deregulation Act," so as to provide that a marketer shall be prohibited from discontinuing service to persons 65 years of age or older or to persons with physical or mental disabilities for nonpayment of bills during any winter heating season and the 30

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days immediately following such winter heating season; to provide an exception; to provide that prior to August 1, 2003, a marketer shall file with the commission the price per therm to be charged to retail customers which price shall not be increased more than $.50 during any three-year period; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 186. By Senators Hamrick of the 30th and Smith of the 52nd:
A BILL to be entitled an Act to enact the "Abandoned Child Protection Act of 2003"; to amend Chapter 10 of Title 19 of the Official Code of Georgia Annotated, relating to abandonment of spouse or child, so as to revise the criminal penalty for abandonment of a dependent child to a felony; to provide for an exception to such penalty for newborns left at a medical facility pursuant to Chapter 10A of Title 19; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 187. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council; to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 188. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change provisions relating to punishment for the offense of fleeing or attempting to elude a pursuing police vehicle or police officer; to provide for

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related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 189. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers Annuity and Benefit Fund, so as to provide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; to provide for the payment of employer contributions with interest thereon; 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 Retirement Committee.
SB 190. By Senators Thomas of the 54th, Thomas of the 10th, Butler of the 55th, Bulloch of the 11th, Cheeks of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to repeal the provisions relating to serological testing for syphilis requirements for marriage licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 191. By Senators Thomas of the 54th, Cheeks of the 23rd, Seabaugh of the 28th, Johnson of the 1st, Gillis of the 20th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for an extension of the deadline for filing claims for medical assistance in those instances when third parties may be legally liable for the medical condition which necessitated the treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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355

SB 192. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to the contents of certificates and to reports and records; to change provisions relating to practices and procedures; to provide for receipt of a copy of his or her original birth certificate by an adopted person in certain circumstances; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

SB 194. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that it shall be a conflict of interest and unlawful for a member of a local board of education to perform certain acts with respect to certain employee representation organizations; to define a term; to state legislative findings; to define criminal offenses and prescribe the punishment for such

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offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 195. By Senators Hall of the 22nd, Lee of the 29th and Jackson of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to repeal a certain sunset provision relative to fees, the implementation of a state-wide uniform automated information system, and the collection and remittance of certain fees; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 196. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Fort of the 39th and Adelman of the 42nd:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4446), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to operate recreational programs in any city lying wholly or partially within such county and having a population of not more than 5,000 persons; to repeal that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 197. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and Fort of the 39th:
A BILL to be entitled an Act to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 4035), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed

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$5,000.00 per year; to repeal that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924); to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 198. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize national background checks on providers of care to children, the elderly, and persons with disabilities, including but not limited to volunteers with youth sports organizations and other youth activities; to state legislative findings; to define terms; to provide for conformity with federal law; to provide for a publicity program; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide an effective date; and for other purposes.
Referred to the Children and Youth Committee.

SB 199. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to prohibit the disclosure of child abuse records resulting from investigations conducted jointly by the department and a law enforcement agency; to provide for disclosure of such child abuse records under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Children and Youth Committee.
SB 200. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, so as to permit the department to obtain conviction data that is relevant to any adult who has contact with a child who is

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the subject of a protective services referral, complaint, or investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Children and Youth Committee.
SB 201. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to permit the Department of Human Resources to share access to child abuse records and release information from such records to the Office of School Readiness; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Children and Youth Committee.

The following House legislation was read the first time and referred to committee:
HB 25. By Representatives Morris of the 120th, Reece of the 11th and Oliver of the 121st, Post 2:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; and for other purposes.
Referred to the Education Committee.
HB 287. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.
Referred to the Finance Committee.

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HB 307. By Representatives Ray of the 108th, James of the 114th, Black of the 144th and Purcell of the 122nd:

A BILL to amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to change certain provisions relating to insurance requirements; and for other purposes.

Referred to the Agriculture and Consumer Affairs Committee.

HB 416. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:

A BILL to amend an Act providing for the composition of the Board of Education for Evans County, so as to change the description of the education districts; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 419. By Representative Greene of the 134th:

A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provisions regarding vacancies and the city manager; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 96 SB 145 SB 162

Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

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Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 156 SB 165

Do Pass Do Pass

SB 166 SB 167

Do Pass Do Pass by substitute

Respectfully submitted, Senator Lamutt of the 21st District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 91 HB 140 SB 86

Do Pass Do Pass Do Pass

SB 101 SB 124

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

Mr. President:

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SR 122 Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 84

Do Pass

Respectfully submitted, Senator Unterman of the 45th District, Chairman

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361

The following legislation was read the second time:

SB 5 SB 22

SB 45 SB 52

SB 78 SB 80

SB 104

SB 105

SB 134

Senator Jackson of the 50th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused.

The roll was called and the following Senators answered to their names:

Balfour Bowen Brown Butler Cagle Cheeks Collins Crotts Fort Gillis Golden Hall Hamrick Harbison Harp Henson

Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh Seay

Shafer Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Adelman Bulloch Kemp, R.

Blitch Clay Smith, F. (Excused)

Brush Dean Thomas, D.

Senator Adelman was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

Senator Henson of the 41st introduced the chaplain of the day, Dr. Kenneth L. Samuel of Stone Mountain, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

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SR 185. By Senators Moody of the 27th, Johnson of the 1st, Price of the 56th and Seabaugh of the 28th:
A RESOLUTION recognizing the Centennial of Flight celebration; and for other purposes.
SR 186. By Senator Cagle of the 49th:
A RESOLUTION honoring the memory of Terry Ray Jones and expressing sympathy on his passing; and for other purposes.
SR 187. By Senator Crotts of the 17th:
A RESOLUTION commending Mark Allen Tudela; and for other purposes.
SR 188. By Senator Crotts of the 17th:
A RESOLUTION recognizing January 31, 2003, as MawMaw Scarbrough Day in Ellenwood, Georgia; and for other purposes.
SR 189. By Senator Dean of the 31st:
A RESOLUTION recognizing Bremen, Georgia, on its 120th anniversary; and for other purposes.
SR 190. By Senators Shafer of the 48th, Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION expressing regret at the passing of Robert G. Stephens, Jr.; and for other purposes.
SR 191. By Senator Blitch of the 7th:
A RESOLUTION commending the 2002 Clinch County High School football team; and for other purposes.
SR 192. By Senators Unterman of the 45th, Bulloch of the 11th, Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing May 3-11, 2003, as National Emu Week in Georgia and commending the Georgia Emu Association for its unrelenting efforts to forge an alternative livestock market in Georgia; and for other purposes.

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SR 193. By Senators Unterman of the 45th and Kemp of the 46th:
A RESOLUTION commending Ms. Jena Sims; and for other purposes.
SR 194. By Senators Unterman of the 45th and Shafer of the 48th:
A RESOLUTION commending, congratulating, and saluting the City of Suwanee; and for other purposes.
SR 195. By Senator Harbison of the 15th:
A RESOLUTION commending Renaissance Personal Development Program and its director, Mr. Joseph Foster; and for other purposes.
SR 196. By Senator Harbison of the 15th:
A RESOLUTION to commend Mrs. Zelma Hennessey and South Westview Against Drugs; and for other purposes.
SR 197. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION recognizing March 19, 2003, as Albany-Dougherty County Day at the state capitol; and for other purposes.
SR 198. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION recognizing and honoring the St. Patricks Day Parade Committee, Chairman Hugh E. Coleman, the 2003 St. Patricks Day Parades Grand Marshal Lawrence S. "Pete" Conneff, and inviting them to appear before the Senate; and for other purposes.

Senator Butler of the 55th introduced Joseph Arnold, CEO and founder and Executive Director Keith Dawson of Positive Growth Inc., commended by SR 109, adopted previously. Senator Butler also recognized the Mayor Lee Swaney of Clarkston. Joseph Arnold, Keith Dawson and Lee Swaney addressed the Senate briefly.
Senator Lamutt of the 21st asked unanimous consent that the following bill be withdrawn from the Senate Finance Committee and committed to the Senate Insurance and Labor Committee:

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SB 164. By Senators Golden of the 8th, Lamutt of the 21st, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio, so as to change a provision relating to a change in the tax rate; to provide an effective date; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 164 was committed to Insurance and Labor.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, February 27, 2003 Twenty-first Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 84

Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY

A BILL to be entitled an Act to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Balfour Blitch
Y Bowen Brown Brush

Y Harbison Y Harp Y Henson Y Hill Y Hooks
Hudgens

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires
Starr

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Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa

On the passage of the local legislation, the yeas were 44, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

February 27, 2003

Senator Regina Thomas D-2

Unfortunately, I was not in my chair on Thursday, 2/27/03 to vote on SB 84 - Local Legislation for Chatham County.

Please record my vote as Yea.

Thank You,

/s/ Regina Thomas

SENATE RULES CALENDAR THURSDAY, FEBRUARY 27, 2003 TWENTY-FIRST LEGISLATIVE DAY

SR 122

Senate Rules; amend; Committee on Ethics, new name, powers, duties (RULES-17th)

SB 108 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions (Substitute)(ETHICS-51st)

366 SB 109 SB 23 SB 121
SB 122 SB 85

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Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments (Substitute)(ETHICS-51st)
Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure (Substitute)(H&HS-23rd)
Motor vehicles; abandoned; businesses engaged in nonconsensual towing; regulations (Substitute)(PS&HS-19th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 26, 2003).
Soil erosion control; exemption; public roadway drainage structures (Substitute)(NR&E-19th)
Optometry; practicing without a license; increase punishment (H&HS-30th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage: SR 122. By Senator Crotts of the 17th:
A RESOLUTION amending the Rules of the Senate; and for other purposes.

Senator Balfour of the 9th asked unanimous consent that SR 122 be committed to the Senate Rules Committee.
The consent was granted, and SR 122 was committed to Rules.
Senator Kemp of the 46th introduced the doctor of the day, Dr. Gary A. Fleming.
The Calendar was resumed.

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SB 108. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 10 of Title 45 of the O.C.G.A., relating to codes of ethics and conflicts of interest, so as to provide for comprehensive revision of provisions regarding ethics and conflicts of interest; to change certain provisions establishing a code of ethics for government service; to change certain provisions establishing a code of ethics for members of boards, commissions, and authorities; to provide for recusal in certain proceedings; to provide for powers, duties, and authority of the State Ethics Commission and the Attorney General; to provide for civil and criminal penalties; to provide for restrictions with respect to lobbying; to provide for restrictions with respect to nepotism; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Stephens of the 51st asked unanimous consent that SB 108 be committed to the Senate Ethics Committee.
The consent was granted, and SB 108 was committed to Ethics.
SB 109. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for ethics reforms; to change certain provisions regarding public officials conduct and lobbyist disclosure; to change certain provisions regarding definitions; to provide for additional filing and disclosure requirements; to provide for additional eligibility requirements regarding certain public offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Ethics Committee offered the following substitute to SB 109:
A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for ethics reforms; to change certain provisions regarding public officials conduct and lobbyist disclosure; to change certain provisions regarding definitions; to provide for additional filing and disclosure requirements; to provide for additional eligibility requirements regarding certain public offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-5-70, relating to definitions regarding public officials conduct and lobbyist disclosure, and inserting in its place a new Code Section 21-5-70 to read as follows:
"21-5-70. As used in this article, the term:
(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and (E) The term shall not include: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officers immediate family; (iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v) An award, plaque, certificate, memento, or similar item given in recognition of the recipients civic, charitable, political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipients nonpublic business, employment, trade, or profession; (vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (viii) Campaign contributions or expenditures reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; or

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(x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities. (2) 'Filed' means the delivery to the State Ethics Commission, as specified in this article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission, as specified in this article, with adequate postage affixed. (3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records. (4) 'Immediate family' means a spouse or child. (5) 'Lobbying' means the activity of a lobbyist while acting in that capacity. (6) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee agent of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph, but the term 'lobbyist' shall not include a fulltime employee of the executive or judicial branch acting within the scope of such persons full-time employment; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers or the approval or veto of any such ordinance or resolution; or (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph Any person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the awarding of a

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contract to a particular vendor or vendors by any branch of state government or any agency, authority, board, bureau, commission, or department thereof; or (G) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the awarding of a contract to a particular vendor or vendors by any branch of state government or any agency, authority, board, bureau, commission, or department thereof; provided, however, that the definition of 'lobbyist' set forth in subparagraphs (F) and (G) of this paragraph shall not include: (i) any natural person who owns a substantial interest in the vendor for which such person undertakes to promote or oppose the awarding of any contract by any branch of state government or any agency, authority, board, bureau, commission, or department thereof; or (ii) any natural person who in any calendar year undertakes to promote or oppose the awarding of any contract or contracts to a particular vendor or vendors by any branch of state government or any agency, authority, board, bureau, commission, or department thereof where the amount of such contract or contracts does not exceed $50,000.00 for a single transaction or $100,000.00 in the aggregate. (7) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) of Code Section 21-5-3, as amended, except as otherwise provided in this article every constitutional officer, elected state official, elected or appointed executive head of every state department or agency, member of the General Assembly, executive director and member of each state board, authority, or commission, elected county official, elected member of a local board of education, and elected municipal official. (8) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any vendor. (9) 'Vendor' means any person who sells to or contracts with any branch of state government or any agency, authority, board, bureau, commission, or department thereof."
SECTION 2. Said title is further amended by striking Code Section 21-5-73, relating to disclosure reports, and inserting in its place a new Code Section 21-5-73 to read as follows:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. Beginning January 1, 2004, such reports shall be filed by electronic means. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (6) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall: (1) file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each

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year instead of the reports otherwise required by subsection (c) subsections (b) and (d) of this Code section and the first sentence of this subsection; and (2) file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. (c)(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), or (G) of paragraph (6) of Code Section 21-5-70 shall file a disclosure report, current through the end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year. (d)(e) Reports filed by lobbyists shall be verified and shall include:
(1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-570 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period; and (3) For those who are lobbyists within the meaning of subparagraph (F) or (G) of paragraph (6) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to promote or oppose the awarding of a contract or contracts by any branch of state government or any agency, authority, board, bureau, commission or department thereof along with a description of such contract or contracts and the monetary amount of such contract or contracts. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to state employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse

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noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections."
SECTION 3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new Code section at the end of Article 3 of Chapter 12, relating to appointments and vacancies, to be designated Code Section 45-12-61, to read as follows:
"45-12-61. (a) As used in this Code section, the terms 'campaign committee,' 'contribution,' and 'expenditure' shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment to fill a vacancy on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee either: (1) in the 30 day period preceding the vacancy, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure; or (2) on or after the date the vacancy occurs."
SECTION 4. This Act shall become effective on July 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Balfour of the 9th offered the following amendment:
Amend the Senate Ethics Committee substitute to SB 109 by striking line 10 of page 5 and inserting in lieu thereof the following: "a public officer or a public officers staff member. The description of each reported expenditure shall include:".

On the adoption of the amendment, the yeas were 34, nays 0, and the Balfour amendment to the committee substitute was adopted.
Senator Adelman of the 42nd offered the following amendment:
Amend the Senate Ethics Committee substitute to SB 109 by striking lines 8 though 13 of page 6 and inserting in lieu thereof the following: "(b) No person shall be eligible for appointment to fill a vacancy on any board, council, or commission or on the Supreme Court, the Court of Appeals, the superior courts, or the

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state courts if the person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee in the previous 90 days.'".

On the adoption of the amendment, the yeas were 42, nays 1, and the Adelman amendment to the committee substitute was adopted.
Senator Meyer von Bremen offered the following amendment:
Amend the Senate Ethics Committee substitute to SB 109 (LC 29 0757S) by inserting after the semicolon on line 3 of page 1 the following:
"to change the provisions relating to the filing of financial disclosure statements, the persons required to file financial disclosure statements, and the contents thereof; to require the filing of such statements by electronic means;".
By inserting between lines 9 and 10 of page 1 the following: "Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (b) and adding a new subsection to Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, as follows: '(b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium of $101.00 or less which is accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) Each monetary fee or honorarium of more than $101.00 which is accepted by a public officer who holds office on a full-time basis from speaking engagements, participation in seminars, discussion panels, or other activities that is not related to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person or entity from whom it was accepted; (2)(3) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3)(4) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest: (A) Is more than 10 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00;

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(4)(5) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest or purchase option as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this paragraph, the term 'net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located description of the property; (6) The filers occupation, employer, and the principal activity and address of such employer; (7) If he or she has actual knowledge of such ownership interest or knowledge of facts which would put a reasonable and prudent person on notice of such ownership interest, the filer shall name any business or subsidiary thereof in Georgia in which the filers spouse or children, siblings, and parents, jointly or severally, own a direct ownership interest which interest:
(A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00 or in which the filers spouse or any child, sibling, or parent serves as an officer, director, equitable partner, trustee, or consultant; (8) If the filer or his or her spouse has engaged in a business in a fiduciary position during the last reporting year which provides legal, investment, accounting, medical or health related, real estate, banking, insurance, educational, farming, engineering, architectural, construction, or other professional services or consultations, then the filing party shall report each category from which the gross income received from all combined clients in such category exceeds $10,000.00. Such categories shall be established by rule of the commission and may include a stock investment portfolio, electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, intrastate transportation companies, pipeline companies, oil or gas exploration companies or both, oil and gas retail companies, banks, savings and loan associations, loan or finance companies or both, manufacturing firms, mining companies, life insurance companies, casualty insurance companies, other insurance companies, retail companies, beer, wine, or liquor companies or distributors or any combination thereof, trade associations, professional associations, governmental associations, associations of public employees or public officials, and counties; (5)(9) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) paragraph (4) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6)(10) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed.'

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'(d) Beginning January 1, 2005, all state-wide elected officials and members of the
General Assembly required to file financial disclosure statements shall use electronic
means to file their financial disclosure statements. Prior to such date electronic filing of
financial disclosure statements by such persons is permitted and encouraged but not required.'".

By renumbering Sections 1 through 5 as Sections 2 through 6 respectively.

By striking line 10 of page 1 and inserting in lieu thereof the following: "Said title is further amended by".

On the adoption of the amendment, the yeas were 44, nays 0, and the Meyer von Bremen amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Shafer
E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

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The bill, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334

February 27, 2003

Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:

I would please request that you change my vote on SB 109. My intent was to vote YES on SB 109. Please let the record reflect my vote of YES for SB 109.

Sincerely yours,

/s/ Casey Cagle State Senator
February 27, 2003

The State Senate Atlanta, Georgia 30334

Mr. Frank Eldridge Secretary of the Senate State Capitol Room 353 Atlanta, Georgia 30334

Dear Mr. Eldridge:

Due to a machine malfunction, my "yes" vote on Senate Bill 109 on February 27, 2003 was not counted. Please let the Journal reflect my vote on this matter.

Very truly yours,

/s/ David J. Shafer State Senator, District 48

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Senator Dean of the 31st introduced Michelle Earley, 2002 recipient of the "Rick Perkins Award for Excellence in Technical Instruction", commended by SR 93, adopted previously. Ms. Earley addressed the Senate briefly.
Senator Kemp of the 46th introduced Johnathan Haley, 2002 recipient of the "Georgia Occupational Award of Leadership", commended by SR 126, adopted previously. Mr. Haley addressed the Senate briefly.
The Calendar was resumed.
SB 23. By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 23:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming

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amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, is amended by designating the existing text of the chapter as Article 1 and by adding thereafter a new Article 2 to read as follows:
"ARTICLE 2
31-9-20. This article shall be known and may be cited as the 'Womans Right To Know Act.'
31-9-21. No abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
(1) At least 24 hours before the abortion, the physician who is to perform the abortion has informed the woman in writing of:
(A) The name of the physician who will perform the abortion; (B) A description of the proposed abortion method; (C) A description of risks related to the proposed abortion method, including risks to the womans reproductive health, and alternatives to the abortion that a reasonable patient would consider material to the decision of whether or not to undergo the abortion; (D) The probable gestational age of the fetus at the time the abortion is to be performed; (E) The probable anatomical and physiological characteristics of the fetus at the time the abortion is to be performed; (F) The medical risks associated with carrying a fetus to term; and (G) Any need for anti-Rh immune globulin therapy, if she is Rh negative, the likely consequences of refusing such therapy, and the cost of the therapy; (2) At least 24 hours before the abortion, the physician who is to perform the abortion or a qualified person has informed the woman in writing that: (A) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care and that more detailed information on the availability of such assistance is contained in the printed materials given to her and described in this article; (B) The printed materials required by this article describe the fetus and list agencies which offer alternatives to abortion with a special section listing adoption services;

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(C) The father of the fetus is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion, except that in the case of rape this information may be omitted; and (D) The woman is free to withhold or withdraw her consent to the abortion at any time prior to invasion of the uterus without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled; (3) Prior to the abortion procedure, prior to physical preparation for the abortion, and prior to the administration of medication for the abortion, the woman shall meet privately with the physician who is to perform the abortion and such persons staff to ensure that she has an adequate opportunity to ask questions of and obtain information from the physician concerning the abortion; (4) At least 24 hours before the abortion, the woman is offered a copy of the printed materials required by this article. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in her own language; (5) The woman certifies in writing on a form provided by the department, prior to the abortion, that the information required to be provided under paragraphs (1), (2), and (4) of this Code section has been provided and that she has met with the physician who is to perform the abortion on an individual basis as provided under paragraph (3) of this Code section. All physicians who perform abortions shall report the total number of certifications received monthly to the department. The department shall make the number of certifications received available on an annual basis; (6) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians agent receives a copy of the written certification prescribed by paragraph (5) of this Code section; and (7) The woman is not required to pay any amount for the abortion procedure until the 24 hour waiting period has expired.
31-9-22. (a) The department shall cause to be published and distributed widely, no later than October 1, 2003, and shall update on an annual basis, the following easily comprehensible printed materials:
(1) Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while her child is dependent, including but not limited to adoption agencies. The materials shall include a comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies and inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care and about the support obligations of the father of a child who is born alive. The department shall ensure that the materials described in this Code section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service described in this paragraph. The materials shall also contain a toll-free, 24 hour a day telephone

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number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer. The materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion and that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages. The materials shall state that Georgia law permits adoptive parents to pay medical expenses directly related to the mothers pregnancy and hospitalization for the birth of the child and medical care for the child. The materials shall include the following statement: 'Many public and private agencies exist to provide counseling and information on available services. You are strongly urged to seek their assistance to obtain guidance during your pregnancy. In addition, you are encouraged to seek information on abortion services, alternatives to abortion, including adoption, and resources available to postpartum mothers. The law requires that your physician or the physicians agent provide the enclosed information.'; (2) Materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the fetus at two-week gestational increments from fertilization to full term, including pictures or drawings representing the development of a fetus at two-week gestational increments, and any relevant information on the possibility of the fetus survival. Any such pictures or drawings shall contain the dimensions of the fetus and shall be realistic. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the fetus at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, and the medical risks associated with carrying a fetus to term; and (3) A certification form to be used by physicians or their agents under paragraph (5) of Code Section 31-9-21 which will list all the items of information which are to be given to women by physicians or their agents under this article. (b) The materials required under this Code section shall be printed in a typeface large enough to be clearly legible. The materials shall be made available in both English and Spanish language versions. (c) The materials required under this Code section shall be available at no cost from the department upon request and in appropriate number to any person, facility, or hospital.
31-9-23. Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physicians judgment that an abortion is necessary to preserve the life or health of the woman.
31-9-24. Any physician who intentionally, knowingly, or recklessly fails to provide informed consent pursuant to this article is guilty of unprofessional conduct for purposes of Code Section 43-34-37, relating to disciplinary licensing sanctions against physicians.

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31-9-25. Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to the abortion.
31-9-26. (a) Nothing in this article shall be construed as creating or recognizing a right to abortion. (b) It is not the intention of this article to make lawful an abortion which would otherwise be unlawful."
SECTION 2. Said chapter is further amended by striking Code Section 31-9-1, which provides a short title, and inserting in its place a new Code section to read as follows:
"31-9-1. This chapter article shall be known and may be cited as the 'Georgia Medical Consent Law.'"
SECTION 3. Said chapter is further amended by striking Code Section 31-9-4, relating to applicability of the informed consent law to certain patients, and inserting in its place a new Code section to read as follows:
"31-9-4. This chapter article shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section 37-3-1."
SECTION 4. Said chapter is further amended by striking Code Section 31-9-5, relating to applicability of the informed consent law to abortion and sterilization procedures, and inserting in its place a new Code section to read as follows:
"31-9-5. This chapter article shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter article."
SECTION 5. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-96, relating to construction of the informed consent law, and inserting in their respective places new subsections to read as follows:
"(a) This chapter article shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage."

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"(d) A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to
consent pursuant to the terms of this chapter article shall be conclusively presumed to
be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same."

SECTION 6. Said chapter is further amended in Code Section 31-9-6.1, relating to disclosures for certain procedures, by striking paragraph (2) of subsection (b), paragraph (3) of subsection (e), and subsection (g) and inserting in their respective places new provisions to read as follows:
"(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article, then such consent shall be rebuttably presumed to be a valid consent." "(3) If a A patient or other person or persons authorized to give consent pursuant to this chapter article make a request in writing that the information provided for in this Code section not be disclosed;" "(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter article specifically including but not limited to the disciplining of a physician who fails to comply with this Code section."
SECTION 7. Said chapter is further amended by striking Code Section 31-9-7, relating to right to refuse consent at age 18, and inserting in its place a new Code section to read as follows:
"31-9-7. Nothing contained in this chapter article shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his or her own person."
SECTION 8. This Act shall become effective January 1, 2004, and shall apply with respect to abortions performed on or after that date, except that: (1) the provisions of this Act relating to publication and distribution of materials by the Department of Human Resources shall become effective for administrative purposes on approval of this Act by the Governor or upon this Acts becoming law without such approval; and (2) such provisions relating to publication and distribution by the department shall become effective for all purposes on October 1, 2003.
SECTION 9.

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

Senator Jackson of the 50th offered the following amendment #1:
Amend the Senate committee substitute to SB 23 by inserting on line 9 of page 1 after the word and symbol "statutes;" the following:
"to provide for exceptions;".
By deleting the quotation marks at the end of line 7 on page 5.
By inserting between lines 7 and 8 on page 5 the following: "31-9-27.
This article shall not apply in any manner whatsoever to a pregnant woman who has been the victim of rape, incest, domestic violence, or is mentally ill or disabled.'"

On the adoption of the amendment, the yeas were 7, nays 32, and the Jackson amendment #1 to the committee substitute was lost.

Senators Thomas of the 10th, Harbison of the 15th and Butler of the 55th offered the following amendment #2:

Amend the Senate committee substitute to SB 23 by striking line 9 of page 1 and
inserting in its place the following: "construction with other statutes; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide additional authority to
advanced practice registered nurses to carry out prescriptive orders; to provide for a short title; to provide for legislative intent and findings and definitions; to provide for
prescription drug and device orders and forms, conditions, and procedures relating thereto; to provide for application for certain registration numbers; to provide for
liability and immunity therefrom; to provide for duties and powers of the Georgia
Board of Nursing; to provide for disciplinary actions; to provide for continuing rights of certain nurses; to provide for related matters; to make conforming".

By inserting between lines 1 and 2 on page 7 the following: "Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is
amended by adding at the end thereof a new Article 3 to read as follows:

43-26-50.

'ARTICLE 3

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This article shall be known and may be cited as the "Maternity Health Access Improvement Act."
43-26-51. It is the intent of the General Assembly to facilitate the availability of quality health care for the citizens of this state. Health care is important to all persons, but it is a special concern for maternity patients. The General Assembly finds that the advanced practice registered nurse is effective in increasing access to quality and affordable health care in a variety of ways to this population. The General Assembly further finds that granting additional authority to the advanced practice registered nurse is appropriate in order to ensure the delivery of health care services in all areas of the state through the full utilization of the skills and training of the advanced practice registered nurse.
43-26-52. As used in this article, the term:
(1) "Advanced practice registered nurse" or "A.P.R.N." means a registered professional nurse licensed under Article 1 of Chapter 26 of this title and authorized by the Board of Nursing to practice as a certified nurse midwife or a nurse practitioner providing obstetrical and gynecological care. The advanced practice registered nurse shall wear the title "advanced practice registered nurse" or the abbreviation "A.P.R.N." on a name tag or similar form of identification when providing direct patient care. (2) "Board" means the Georgia Board of Nursing created under Code Section 43-264. (3) "Contact hour" means 50 minutes of participation in an educational activity. Ten contact hours equals one continuing education unit. (4) "Controlled substance" means any controlled substance as defined in Article 2 of Chapter 13 of Title 16. (5) "Dangerous drug" means any dangerous drug as defined in Article 3 of Chapter 13 of Title 16. (6) "Execute a prescription drug or device order" means to write or verbally transmit a prescription drug or device order.
43-26-53. (a)(1) An advanced practice registered nurse may execute a prescription drug or device order for any device as defined in Code Section 26-4-5, any dangerous drug as defined in Code Section 16-13-71, or any Schedule II, III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or device order form as specified in paragraph (2) of this subsection. Such authority shall be exercised only within the scope of practice of the advanced practice registered nurse as a certified nurse midwife or while providing obstetrical or gynecological care.

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(2) The prescription drug or device order form shall include the name, address, and telephone number of the advanced practice registered nurse or nurses, the patients name and address, the drug or device ordered, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the advanced practice registered nurse using the following language: "This prescription drug or device order is executed by ___________________, A.P.R.N." (b) A copy of the prescription drug or device order or a record of such order shall be maintained in the patients medical file.
43-26-54. (a) An advanced practice registered nurse:
(1) Shall not authorize the execution of a drug order for any Schedule I controlled substance; (2) Shall authorize no more than a 30 day supply of any drug, except in cases of chronic illness in which case a 90 day supply may be authorized; and (3) Shall authorize refills for not more than six months from the date of the original order, except that such refills for not more than 12 months may be authorized for oral contraceptives, hormone replacement therapy, and prenatal vitamins. (b)(1) An advanced practice registered nurse shall submit to the board an application that documents that the advanced practice registered nurse:
(A) Holds a current and unrestricted license as a registered professional nurse in this state; (B) Has current authorization to practice as an advanced practice registered nurse; (C) Has at least a masters degree, except such degree requirements shall not be a condition for an advanced practice registered nurse who is certified or otherwise meets board requirements to practice as an advanced practice registered nurse on July 1, 2000; and (D) Has completed:
(i) Graduate level pharmacology course work; or (ii) Thirty contract hours in pharmacology within the previous four years. (2) Upon the satisfactory review of such an application from an advanced practice registered nurse, the board shall cause: (A) The license of the advanced practice registered nurse to be marked in a manner indicating that the advanced practice registered nurse has met the requirements; and (B) The name of the advanced practice registered nurse authorized to be placed on a registry created and maintained by the board for the purpose of making such names available to the public. (c) In order to maintain the right of prescriptive authority, an advanced practice registered nurse shall: (1) Obtain a minimum of five contact hours of continuing education in pharmacology or pharmacology management approved by a national professional accrediting organization each year;

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(2) Notify the patient verbally, post a notice in the office, or both, that the advanced practice registered nurse is not a licensed physician; and (3) Comply with this article and the applicable laws and regulations pertaining to the authority granted under this article. (d) An advanced practice registered nurse shall be required to apply for a federal Drug Enforcement Agency (DEA) registration number and, if obtained, upon receipt of such registration, shall file that number with the board.
43-26-55. Nothing in this article shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 and who, in good faith, fills a prescription drug order of an advanced practice registered nurse.
43-26-56. The practice of any advanced practice registered nurse utilizing prescriptive authority conforming to this article shall be governed by the board, which is authorized to promulgate rules and regulations regulating such an advanced practice registered nurse. In addition to and not in limitation of any other powers granted to the board under Code Section 43-26-5, the board shall subject the advanced practice registered nurse to appropriate disciplinary action, including, but not limited to, the sanctions expressed in Code Section 43-26-11 and the revocation of prescriptive authority, if such advanced practice registered nurse:
(1) Violates any provision of this article, the rules and regulations of the board, the rules and regulations of the State Board of Pharmacy regarding prescribing of drugs, or any combination thereof; (2) Violates any state or federal law or regulation applicable to prescribing of drugs; or (3) Fails to follow any conditions imposed by law or regulation in relation to the exercise of authority granted under this article.
43-26-57. Nothing in this article shall be construed to restrict the right of a registered professional nurse to practice pursuant to Code Section 43-34-26.1.'
SECTION 9."
By redesignating Section 9 as Section 10.

Senator Thomas of the 10th asked unanimous consent that her amendment to the committee substitute be withdrawn. The consent was granted, and the Thomas, et al. amendment #2 was withdrawn.

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Senator Adelman of the 42nd offered the following amendment #3:
Amend the Senate committee substitute to SB 23 by inserting on line 9 of page 1 after the word and symbol "statutes;" the following:
"to require certain facilities to post a notice that the facility does not make referrals for abortions; to provide certain definitions; to require that certain facilities communicate medically accurate information;"
By deleting the quotation marks on line 7 of page 5.
By inserting between lines 7 and 8 on page 5 the following: "31-9-27. (a) As used in this Code section, the term: (1) 'Facility that provides pregnancy options counseling' means any facility, organization, corporation, group, or entity that advises women, in person or by telephone, about how to handle an unplanned pregnancy. (2) 'Medically accurate' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer reviewed journals, where appropriate, and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field, such as the American College of Obstetricians and Gynecologists or the Centers for Disease Control and Prevention. (b) Facilities that provide pregnancy options counseling and do not provide referrals for abortions shall post a written notice in a conspicuous location in the facility that the facility does not make referrals for abortions.
(c) A facility that provides pregnancy options counseling shall ensure that any information provided to a person seeking counseling is medically accurate.'"

On the adoption of the amendment, the yeas were 12, nays 33, and the Adelman amendment #3 to the committee substitute was lost.

Senator Brown of the 26th offered the following amendment #4:
Amend the Senate committee substitute to SB 23 (LC 30 0587S) by striking lines 6 through 8 on page 7 and inserting in their place the following:
"upon this Acts becoming law without such approval; (2) such provisions relating to publication and distribution by the department shall become effective for all purposes on October 1, 2003; and (3) this Act shall not become effective until the General Assembly fully funds family planning services for women with incomes at or below the federal poverty level."

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On the adoption of the amendment, the yeas were 14, nays 29, and the Brown amendment #4 to the committee substitute was lost.
On the adoption of the substitute, the yeas were 0, nays 42, and the committee substitute was lost.
Senator Balfour of the 9th offered the following substitute to SB 23:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide that a physician who complies with this article shall not be civilly liable for failure to obtain informed consent; to provide for circumstances under which a physician shall be guilty of unprofessional conduct; to provide for anonymity of certain persons in civil actions; to provide for severability; to make conforming amendments to existing law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, is amended by designating the existing text of the chapter as Article 1 and by adding thereafter a new Article 2 to read as follows:
"ARTICLE 2 31-9-20. This article shall be known and may be cited as the 'Womans Right to Know Act.'
31-9-21. As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. (2) 'Attempt to perform an abortion' means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes

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a substantial step in a course of conduct planned to culminate in the performance of an abortion in Georgia in violation of this article. (3) 'Medical emergency' means any condition which, on the basis of the physicians good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. (4) 'Physician' means a person licensed to practice medicine and surgery under Article 2 of Chapter 34 of Title 43. (5) 'Probable gestational age of the unborn child' means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed. (6) 'Qualified agent' means the agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, licensed physicians assistant, registered nurse, or physician.
31-9-22. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, at least 24 hours before the abortion:
(A) The name of the physician who will perform the abortion; (B) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; and (D) The medical risks associated with carrying her child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicates, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator;

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(2) The female is informed, by telephone or in person, by the physician who is to perform the abortion or by a qualified agent of the physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and (C) That she has the right to review the printed materials described in Code Section 31-9-23, that these materials are available on a state sponsored website, and what the website address is. The physician or the physicians agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing prior to the abortion that the information described in paragraphs (1) and (2) of this Code section has been furnished to her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this Code section; and (4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
31-9-23. (a) Within 90 days after this article first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the states population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and

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(2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn childs survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term. (b) The materials referred to in subsection (a) of this Code section shall be printed in a typeface large enough to be clearly legible. The website provided for in subsection (d) of this Code section shall be maintained at a minimum resolution of 72 pixels per inch. (c) The materials required under this Code section shall be available at no cost from the Department of Human Resources upon request and in appropriate number to any person, facility, or hospital. (d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section.
31-9-24. When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physicians judgment that an abortion is necessary to avert her death or that a 24 hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
31-9-25. Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to abortion.
31-9-26. Any physician who intentionally, knowingly, or recklessly fails to obtain informed consent pursuant to this article shall be guilty of unprofessional conduct pursuant to paragraph (7) of subsection (a) of Code Section 43-34-37. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No penalty or civil liability may be assessed for failure to comply with subparagraph (C) of paragraph (2) of Code Section 31-9-22 or that portion of paragraph (3) of Code Section 31-9-22 requiring a written certification that the female has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph

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(2) of Code Section 31-9-22 unless the Department of Human Resources has made the printed materials available at the time the physician or the physicians agent is required to inform the female of her right to review them.
31-9-27. In every civil proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
31-9-28. (a) Nothing in this article shall be construed as creating or recognizing a right to abortion. (b) This article is not intended to make lawful an abortion which would otherwise be unlawful.
31-9-29. If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this article shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this article and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional."
SECTION 2. Said chapter is further amended by striking Code Section 31-9-1, which provides a short title, and inserting in its place a new Code section to read as follows:

"31-9-1.

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This chapter article shall be known and may be cited as the 'Georgia Medical Consent Law.'"
SECTION 3. Said chapter is further amended by striking Code Section 31-9-4, relating to applicability of the informed consent law to certain patients, and inserting in its place a new Code section to read as follows:
"31-9-4. This chapter article shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section 37-3-1."
SECTION 4. Said chapter is further amended by striking Code Section 31-9-5, relating to applicability of the informed consent law to abortion and sterilization procedures, and inserting in its place a new Code section to read as follows:
"31-9-5. This chapter article shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter article."
SECTION 5. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-96, relating to construction of the informed consent law, and inserting in their respective places new subsections to read as follows:
"(a) This chapter article shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage." "(d) A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article shall be conclusively presumed to be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same."
SECTION 6. Said chapter is further amended in Code Section 31-9-6.1, relating to disclosures for certain procedures, by striking paragraph (2) of subsection (b), paragraph (3) of subsection (e), and subsection (g) and inserting in their respective places new provisions to read as follows:
"(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required

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in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article, then such consent shall be rebuttably presumed to be a valid consent." "(3) If a A patient or other person or persons authorized to give consent pursuant to this chapter article make a request in writing that the information provided for in this Code section not be disclosed;" "(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter article specifically including but not limited to the disciplining of a physician who fails to comply with this Code section."
SECTION 7. Said chapter is further amended by striking Code Section 31-9-7, relating to right to refuse consent at age 18, and inserting in its place a new Code section to read as follows:
"31-9-7. Nothing contained in this chapter article shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his or her own person."
SECTION 8. This Act shall become effective January 1, 2004, and shall apply with respect to abortions performed on or after that date, except that: (1) the provisions of this Act relating to publication and distribution of materials by the Department of Human Resources shall become effective for administrative purposes on approval of this Act by the Governor or upon this Acts becoming law without such approval; and (2) such provisions relating to publication and distribution by the department shall become effective for all purposes on October 1, 2003.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 10th offered the following amendment #1:
Amend the Senate floor substitute to SB 23, such substitute bill being designated LC 30 0663S, by striking line 10 of page 1 and inserting in its place the following:
"persons in civil actions; to provide for severability; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide additional authority to advanced practice registered nurses to carry out prescriptive orders; to provide for a short title; to provide for legislative intent and findings and definitions; to provide for prescription drug and device orders and forms, conditions, and procedures relating thereto; to provide for application for certain registration numbers; to provide for liability and immunity therefrom; to provide for duties and powers of the Georgia

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Board of Nursing; to provide for disciplinary actions; to provide for continuing rights of certain nurses; to provide for related matters; to make conforming amendments to".
By inserting between lines 8 and 9 on page 8 the following: "Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding at the end thereof a new Article 3 to read as follows:
'ARTICLE 3 43-26-50. This article shall be known and may be cited as the "Maternity Health Access Improvement Act."
43-26-51. It is the intent of the General Assembly to facilitate the availability of quality health care for the citizens of this state. Health care is important to all persons, but it is a special concern for maternity patients. The General Assembly finds that the advanced practice registered nurse is effective in increasing access to quality and affordable health care in a variety of ways to this population. The General Assembly further finds that granting additional authority to the advanced practice registered nurse is appropriate in order to ensure the delivery of health care services in all areas of the state through the full utilization of the skills and training of the advanced practice registered nurse.
43-26-52. As used in this article, the term:
(1) "Advanced practice registered nurse" or "A.P.R.N." means a registered professional nurse licensed under Article 1 of Chapter 26 of this title and authorized by the Board of Nursing to practice as a certified nurse midwife or a nurse practitioner providing obstetrical and gynecological care. The advanced practice registered nurse shall wear the title "advanced practice registered nurse" or the abbreviation "A.P.R.N." on a name tag or similar form of identification when providing direct patient care. (2) "Board" means the Georgia Board of Nursing created under Code Section 43-264. (3) "Contact hour" means 50 minutes of participation in an educational activity. Ten contact hours equals one continuing education unit. (4) "Controlled substance" means any controlled substance as defined in Article 2 of Chapter 13 of Title 16. (5) "Dangerous drug" means any dangerous drug as defined in Article 3 of Chapter 13 of Title 16. (6) "Execute a prescription drug or device order" means to write or verbally transmit a prescription drug or device order.

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43-26-53. (a)(1) An advanced practice registered nurse may execute a prescription drug or device order for any device as defined in Code Section 26-4-5, any dangerous drug as defined in Code Section 16-13-71, or any Schedule II, III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or device order form as specified in paragraph (2) of this subsection. Such authority shall be exercised only within the scope of practice of the advanced practice registered nurse as a certified nurse midwife or while providing obstetrical or gynecological care. (2) The prescription drug or device order form shall include the name, address, and telephone number of the advanced practice registered nurse or nurses, the patients name and address, the drug or device ordered, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the advanced practice registered nurse using the following language: "This prescription drug or device order is executed by ___________________, A.P.R.N."
(b) A copy of the prescription drug or device order or a record of such order shall be maintained in the patients medical file.
43-26-54. (a) An advanced practice registered nurse:
(1) Shall not authorize the execution of a drug order for any Schedule I controlled substance; (2) Shall authorize no more than a 30 day supply of any drug, except in cases of chronic illness in which case a 90 day supply may be authorized; and (3) Shall authorize refills for not more than six months from the date of the original order, except that such refills for not more than 12 months may be authorized for oral contraceptives, hormone replacement therapy, and prenatal vitamins. (b)(1) An advanced practice registered nurse shall submit to the board an application that documents that the advanced practice registered nurse:
(A) Holds a current and unrestricted license as a registered professional nurse in this state; (B) Has current authorization to practice as an advanced practice registered nurse; (C) Has at least a masters degree, except such degree requirements shall not be a condition for an advanced practice registered nurse who is certified or otherwise meets board requirements to practice as an advanced practice registered nurse on July 1, 2000; and (D) Has completed:
(i) Graduate level pharmacology course work; or (ii) Thirty contract hours in pharmacology within the previous four years. (2) Upon the satisfactory review of such an application from an advanced practice registered nurse, the board shall cause: (A) The license of the advanced practice registered nurse to be marked in a manner indicating that the advanced practice registered nurse has met the requirements; and

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(B) The name of the advanced practice registered nurse authorized to be placed on a registry created and maintained by the board for the purpose of making such names available to the public. (c) In order to maintain the right of prescriptive authority, an advanced practice registered nurse shall: (1) Obtain a minimum of five contact hours of continuing education in pharmacology or pharmacology management approved by a national professional accrediting organization each year; (2) Notify the patient verbally, post a notice in the office, or both, that the advanced practice registered nurse is not a licensed physician; and (3) Comply with this article and the applicable laws and regulations pertaining to the authority granted under this article. (d) An advanced practice registered nurse shall be required to apply for a federal Drug Enforcement Agency (DEA) registration number and, if obtained, upon receipt of such registration, shall file that number with the board.
43-26-55. Nothing in this article shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 and who, in good faith, fills a prescription drug order of an advanced practice registered nurse.
43-26-56. The practice of any advanced practice registered nurse utilizing prescriptive authority conforming to this article shall be governed by the board, which is authorized to promulgate rules and regulations regulating such an advanced practice registered nurse. In addition to and not in limitation of any other powers granted to the board under Code Section 43-26-5, the board shall subject the advanced practice registered nurse to appropriate disciplinary action, including, but not limited to, the sanctions expressed in Code Section 43-26-11 and the revocation of prescriptive authority, if such advanced practice registered nurse:
(1) Violates any provision of this article, the rules and regulations of the board, the rules and regulations of the State Board of Pharmacy regarding prescribing of drugs, or any combination thereof; (2) Violates any state or federal law or regulation applicable to prescribing of drugs; or (3) Fails to follow any conditions imposed by law or regulation in relation to the exercise of authority granted under this article.

43-26-57. Nothing in this article shall be construed to restrict the right of a registered professional nurse to practice pursuant to Code Section 43-34-26.1.'

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SECTION 9." By redesignating Section 9 as Section 10.

Senator Thomas of the 10th asked unanimous consent that her amendment #1 be withdrawn. The consent was granted, and the amendment #1 to the floor substitute was withdrawn.

Senator Stokes of the 43rd offered the following amendment #2:

Amend the Senate floor substitute to SB 23 (LC 30 0663S) by striking lines 13 through
15 on page 8 and inserting in its place the following: "upon this Acts becoming law without such approval; (2) such provisions relating to
publication and distribution by the department shall become effective for all purposes
on October 1, 2003; and (3) this Act shall not be in effect for any period of time
when the Department of Human Resources or the Department of Community Health
is failing to fully fund the provision of family planning services and supplies for women below 250 percent of the federal poverty level."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour
Blitch N Bowen N Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis N Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee
Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

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399

On the adoption of the amendment, the yeas were 15, nays 37, and the Stokes amendment #2 to the floor substitute was lost.

Senator Stokes of the 43rd offered the following amendment #3:

Amend the Senate floor substitute to SB 23, such substitute bill being designated LC 30 0663S, by striking the word "and" at the end of line 18 of page 3.

By striking the symbol "." at the end of line 27 of page 3 and inserting in lieu thereof the symbol and word "; and".

By inserting immediately following line 27 of page 3 the following: "(D) Pregnancy prevention alternatives are available, and such physician or person
shall give a description of the alternative methods of preventing a pregnancy and where such alternative methods may be obtained."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour
Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P N Squires N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 35, and the Stokes amendment #3 to the floor substitute was lost.

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Senator Adelman of the 42nd offered the following amendment #4:
Amend the Senate floor substitute to SB 23, such substitute bill being designated LC 30 0663S, by inserting after the word and symbol "severability;" on line 10 of page 1 the following:
"to require certain facilities to post a notice that the facility does not make referrals for abortions; to provide certain definitions; to require that certain facilities communicate medically accurate information;".
By deleting the quotation marks on line 15 of page 6.
By inserting between lines 15 and 16 on page 6 the following: "31-9-30. (a) As used in this Code section, the term: (1) 'Facility that provides pregnancy options counseling' means any facility, organization, corporation, group, or entity that advises women, in person or by telephone, about how to handle an unplanned pregnancy. (2) 'Medically accurate' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peerreviewed journals, where appropriate, and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field, such as the American College of Obstetricians and Gynecologists or the Centers for Disease Control and Prevention. (b) Facilities that provide pregnancy options counseling and do not provide referrals for abortions shall post a written notice in a conspicuous location in the facility that the facility does not make referrals for abortions.
(c) A facility that provides pregnancy options counseling shall ensure that any information provided to a person seeking counseling is medically accurate."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour
Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B

Y Seay N Shafer E Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes
Tanksley

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401

N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

N Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 31, and the Adelman amendment #4 to the floor substitute was lost.

Senator Fort of the 39th offered the following amendment #5:

Amend the Senate floor substitute to SB 23, such substitute bill being designated
LC 30 0663S, by inserting after the word and symbol "matters;" on line 11 of page 1 the
following: "to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to
performance of sterilization procedures, so as to provide for a 24 hour waiting period for sterilization procedures;".

By striking lines 8 and 9 on page 8 and inserting the following:
"SECTION 8. Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to performance of sterilization procedures, is amended by striking Code Section 31-20-2, relating to the performance of sterilization procedures upon request, and inserting in its place the following:
'31-20-2. It shall be lawful for any physician to perform a sterilization procedure upon a person 18 years of age or over, or less than 18 years of age if legally married, provided that a request in writing is made by such person and provided, further, that prior to or at the time of such request a full and reasonable medical explanation is given by such physician to such person as to the meaning and consequence of such operation at least 24 hours before the sterilization procedure.'

SECTION 9.
This Act shall become effective January 1, 2004, and shall apply with respect to abortions and sterilization procedures".

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By redesignating Section 9 as Section 10.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman N Balfour
Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

N Harbison N Harp N Henson N Hill N Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis Y Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P N Squires N Starr Y Stephens N Stokes
Tanksley N Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 17, nays 36, and the Fort amendment #5 to the floor substitute was lost.

Senator Jackson of the 50th offered the following amendment #6:

Amend the Senate floor substitute to SB 23, such substitute bill being designated
LC 30 0663S, by inserting on line 10 of page 1 after the word and symbol "severability;"
the following: "to provide for exceptions;".

By deleting the quotation marks at the end of line 15 on page 6.

By inserting between lines 15 and 16 on page 6 the following:

"31-9-30.
This article shall not apply in any manner whatsoever to a pregnant woman who has been the victim of rape, incest, domestic violence, or is mentally ill or disabled.'"

THURSDAY, FEBRUARY 27, 2003

403

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour
Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle Y Cheeks Y Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 28, nays 25, and the Jackson amendment #6 to the floor substitute was adopted.

Senator Brown of the 26th offered the following amendment #7:

Amend the floor substitute to SB 23 (LC 30 0663S) by striking lines 13 through 15 on
page 8 and inserting in their place the following: "upon this Acts becoming law without such approval; (2) such provisions relating to
publication and distribution by the department shall become effective for all purposes
on October 1, 2003; and (3) this Act shall not become effective until the General
Assembly fully funds family planning services for women with incomes at or below the federal poverty level."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour
Blitch N Bowen

Y Harbison N Harp Y Henson N Hill

Y Seay N Shafer E Smith,F N Smith,P

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Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort Y Gillis N Golden N Hall N Hamrick

Y Hooks N Hudgens N Jackson Y Johnson N Kemp,B N Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Squires N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 34, and the Brown amendment #7 to the floor substitute was lost.

Senator Squires of the 5th offered the following substitute to SB 23:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to medical procedures; to enact the "Right To Know Act for Women and Men"; to provide for matters required to be disclosed and for the manner of disclosure; to provide for standards of professional conduct; to provide for related matters; to make conforming amendments to existing law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, is amended by designating the existing text of the chapter as Article 1 and by adding thereafter a new Article 2 to read as follows:
"ARTICLE 2 31-9-20. This article shall be known and may be cited as the 'Right To Know Act for Women and Men.'

THURSDAY, FEBRUARY 27, 2003

405

31-9-21. No medical procedure shall be performed or induced without the voluntary and informed consent of the person upon whom the procedure is to be performed. Except in the case of a medical emergency, consent to a medical procedure is voluntary and informed only if, prior to a medical or surgical procedure, the physician who is to perform the procedure has informed the person in writing of:
(1) The name of the physician who will perform the procedure; (2) A description of the procedure; and (3) A description of risks related to the procedure. This Code section shall apply to those medical and surgical procedures as described in subsection (a) of Code Section 31-9-6.1 as well as to any medical procedure that subjects the patient to risk of harm or injury.
31-9-22. Any physician who intentionally, knowingly, or recklessly fails to provide informed consent pursuant to this article is guilty of unprofessional conduct for purposes of Code Section 43-34-37, relating to disciplinary licensing sanctions against physicians.
31-9-23. Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to the procedure."
SECTION 2. Said chapter is further amended by striking Code Section 31-9-1, which provides a short title, and inserting in its place a new Code section to read as follows:
"31-9-1. This chapter article shall be known and may be cited as the 'Georgia Medical Consent Law.'"
SECTION 3. Said chapter is further amended by striking Code Section 31-9-4, relating to applicability of the informed consent law to certain patients, and inserting in its place a new Code section to read as follows:
"31-9-4. This chapter article shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section 37-3-1."
SECTION 4. Said chapter is further amended by striking Code Section 31-9-5, relating to applicability of the informed consent law to abortion and sterilization procedures, and inserting in its place a new Code section to read as follows:
"31-9-5.

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This chapter article shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter article."
SECTION 5. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-96, relating to construction of the informed consent law, and inserting in their respective places new subsections to read as follows:
"(a) This chapter article shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage." "(d) A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article shall be conclusively presumed to be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same."
SECTION 6. Said chapter is further amended in Code Section 31-9-6.1, relating to disclosures for certain procedures, by striking paragraph (2) of subsection (b), paragraph (3) of subsection (e), and subsection (g) and inserting in their respective places new provisions to read as follows:
"(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article, then such consent shall be rebuttably presumed to be a valid consent." "(3) If a A patient or other person or persons authorized to give consent pursuant to this chapter article make a request in writing that the information provided for in this Code section not be disclosed;" "(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter article specifically including but not limited to the disciplining of a physician who fails to comply with this Code section."
SECTION 7. Said chapter is further amended by striking Code Section 31-9-7, relating to right to refuse consent at age 18, and inserting in its place a new Code section to read as follows:
"31-9-7.

THURSDAY, FEBRUARY 27, 2003

407

Nothing contained in this chapter article shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his or her own person."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 10th moved that SB 23 be placed on the Table.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour
Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis N Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 19, nays 34; the motion lost, and SB 23 was not placed on the Table.

Senator Thomas of the 10th moved that the Senate adjourn.

On the motion to adjourn, Senator Thomas of the 10th called for the yeas and nays.

The call was not sustained and the President declared the motion lost.

On the adoption of the Balfour substitute, the President ordered a roll call, and the vote was as follows:

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N Adelman Y Balfour
Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Seay Y Shafer E Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes
Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the substitute, the yeas were 35, nays 18, and the Balfour substitute was adopted as amended.

Pursuant to Senate Rule 143, action on SB 23 was suspended, and SB 23 was placed on the Senate General Calendar.

Pursuant to the adoption of the Balfour substitute, the Squires substitute was moot.

The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
February 24, 2003
Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:

THURSDAY, FEBRUARY 27, 2003

409

This letter is to inform you that Senator Peg Blitch, who was ill last Friday, has a very bad case of the flu and has been confined to her bed. She will be unable to attend the proceedings in the Senate Chamber this week.

Please excuse Senator Peg Blitch for the days of February 24, 25, 26, 27 and 28th.

Thank you very much.

Sincerely,

/s/ Barbara Norman Administrative Assistant

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the House:

HB 81.

By Representatives Lucas of the 105th, Cummings of the 19th, Hugley of the 113th, Greene of the 134th, Reece of the 11th and others:

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000; and for other purposes.

Senator Price of the 56th moved that the Senate adjourn until 9:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 2:36 p.m.

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Senate Chamber, Atlanta, Georgia Friday, February 28, 2003
Twenty-second Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 134. By Representative Buck of the 112th:

A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; and for other purposes.

HB 194.

By Representatives Powell of the 23rd, McBee of the 74th, Heard of the 75th and Wix of the 33rd, Post 1:

A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise certain provisions relating to athlete agents; to enact the Uniform Athlete Agents Act; and for other purposes.

HB 237.

By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:

A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and

FRIDAY, FEBRUARY 28, 2003

411

Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.

HB 303.

By Representatives Birdsong of the 104th, Purcell of the 122nd, Porter of the 119th, Smyre of the 111th, Roberts of the 135th and others:

A BILL to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, so as to provide that the state defense force is authorized to use certain state property; and for other purposes.

HB 443. By Representative Roberts of the 131st:

A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Irwin County," so as to provide for the compensation of the chairperson and members of the Board of Education of Irwin County; and for other purposes.

HB 451.

By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Jones of the 38th:

A BILL to amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," so as to provide qualifications, election, and terms of the chief magistrate; and for other purposes.

HB 471. By Representative Morris of the 120th:

A BILL to amend an Act providing for the Board of Education of Montgomery County, so as to provide for the nonpartisan election of that board; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 202. By Senator Dean of the 31st:

A BILL to be entitled an Act to create the Cartersville Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of

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members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 203. By Senators Price of the 56th, Johnson of the 1st and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for virtual charter schools; to provide for construction; to revise definitions; to provide for duties of the state board of education, charter petitioners seeking to create virtual charter schools, and local boards of education; to clarify references to home study programs; to limit the application of certain charter school requirements to virtual charter schools; to authorize requiring proof of residency and attendance of students enrolled in virtual charter schools; to provide for funding of virtual charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 204. By Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Zamarripa of the 36th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for education districts; to provide for an oath of office, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

FRIDAY, FEBRUARY 28, 2003

413

SB 205. By Senators Stephens of the 51st and Lee of the 29th:
A BILL to be entitled an Act to amend Title 16 of the O.C. G. A., relating to crimes and offenses, so as to provide for an increased criminal penalty with respect to the theft of anhydrous ammonia; to prohibit certain activities with respect to anhydrous ammonia; to provide for criminal penalties; to change certain provisions regarding the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; to prohibit certain activities with respect to methamphetamine or amphetamine; to provide for criminal penalties; to amend Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, so as to provide for such penalties against persons who transport methamphetamine, amphetamine, or anhydrous ammonia; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 206. By Senator Crotts of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the boards organization, powers, and duties; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 207. By Senators Balfour of the 9th, Zamarripa of the 36th, Reed of the 35th, Seay of the 34th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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SB 208. By Senators Clay of the 37th, Collins of the 6th, Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4792), so as to change the compensation of the deputy clerk of the superior court; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 209. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to provide for the DeKalb County Board of Registrations and Elections; to provide for the board as a successor to the board created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 210. By Senators Crotts of the 17th, Lamutt of the 21st, Dean of the 31st, Starr of the 44th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for eligibility of students who attend home study programs for extracurricular programs offered at public schools under certain conditions; to provide for conditions of eligibility; to provide for transportation; to provide for policies consistent with those for public school students; to provide for ineligibility; to prohibit certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

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415

SB 211. By Senators Adelman of the 42nd and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
The following House legislation was read the first time and referred to committee:
HB 81. By Representatives Lucas of the 105th, Cummings of the 19th, Hugley of the 113th, Greene of the 134th, Reece of the 11th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000; and for other purposes.
Referred to the Education Committee.
HB 134. By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HB 194. By Representatives Powell of the 23rd, McBee of the 74th, Heard of the 75th and Wix of the 33rd, Post 1:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise certain provisions

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relating to athlete agents; to enact the Uniform Athlete Agents Act; and for other purposes.
Referred to the Judiciary Committee.

HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 303. By Representatives Birdsong of the 104th, Purcell of the 122nd, Porter of the 119th, Smyre of the 111th, Roberts of the 135th and others:
A BILL to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, so as to provide that the state defense force is authorized to use certain state property; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

HB 443. By Representative Roberts of the 131st:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Irwin County," so as to provide for the compensation of the chairperson and members of the Board of Education of Irwin County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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417

HB 451. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Jones of the 38th:

A BILL to amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," so as to provide qualifications, election, and terms of the chief magistrate; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 471. By Representative Morris of the 120th:

A BILL to amend an Act providing for the Board of Education of Montgomery County, so as to provide for the nonpartisan election of that board; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Economic Development and Tourism Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 115 SR 53

Do Pass Do Pass

Mr. President:

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 177 SB 87 SB 158

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

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Mr. President:

The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 266 HB 268 HB 270

Do Pass Do Pass Do Pass

Mr. President:

SB 159 SR 107

Do Pass Do Pass as amended

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 127 SB 138 SR 6

Do Pass Do Pass as amended Do Pass by substitute

SR 38 SR 60 SR 90

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Williams of the 19th District, Chairman

The following legislation was read the second time:

HB 91 HB 140

SB 86 SB 96

SB 101 SB 124

SB 145 SB 156

SB 162 SB 165

SB 166 SB 167

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Thompson of the 33rd asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Jackson of the 50th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused.

Senator Butler of the 55th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Balfour of the 9th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.

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The members pledged allegiance to the flag.
Senator Kemp of the 46th introduced the chaplain of the day, Reverend A.R. Killian of Athens, Georgia, who offered scripture reading and prayer.
Senator Hill of the 4th introduced Cole Ryles, 4-H State President and recognized 4-H Day at the Capitol, commended by SR 145, adopted previously. Mr. Ryles addressed the Senate briefly.
The following resolutions were read and adopted:
SR 199. By Senators Shafer of the 48th, Unterman of the 45th and Balfour of the 9th:
A RESOLUTION commending Daniel L. Perez; and for other purposes.
SR 200. By Senator Kemp of the 3rd:
A RESOLUTION commending Hal Wiggins and the emergency medical professionals who saved his life; and for other purposes.
SR 201. By Senators Henson of the 41st, Thomas of the 10th, Stokes of the 43rd, Brown of the 26th and Tate of the 38th:
A RESOLUTION commending Alpha Kappa Alpha Sorority, Inc., Mu Pi Chapter at Spelman College; and for other purposes.
SR 202. By Senator Hill of the 4th:
A RESOLUTION commending the Screven County High School football team on its first state title; and for other purposes.
SR 203. By Senators Thomas of the 54th, Cheeks of the 23rd, Unterman of the 45th, Butler of the 55th, Bowen of the 13th and others:
A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.
SR 204. By Senators Williams of the 19th, Starr of the 44th, Hall of the 22nd and Gillis of the 20th:
A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.

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SR 205. By Senator Harbison of the 15th:

A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing Africa Day at the Capitol; and for other purposes.

Senator Hill of the 4th introduced the doctor of the day, Dr. Dent Purcell.

SENATE RULES CALENDAR FRIDAY, FEBRUARY 28, 2003 TWENTY-SECOND LEGISLATIVE DAY

SB 23

Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure (Substitute)(H&HS-23rd)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 27, 2003).

SB 121

Motor vehicles; abandoned; businesses engaged in nonconsensual towing; regulations(Substitute) (PS&HS-19th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 26, 2003).

SB 85

Optometry; practicing without a license; increase punishment (H&HS-30th)
Respectfully submitted, /s/ Balfour of the 9th, Chairman
Senate Rules Committee

The following general bill of the Senate, having been read the third time and final action suspended on Thursday, February 27, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

SB 23. By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:

A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during

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421

the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The substitute offered by Senator Balfour, as amended by the Jackson amendment, is as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide that a physician who complies with this article shall not be civilly liable for failure to obtain informed consent; to provide for circumstances under which a physician shall be guilty of unprofessional conduct; to provide for anonymity of certain persons in civil actions; to provide for severability; to provide for exceptions; to make conforming amendments to existing law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, is amended by designating the existing text of the chapter as Article 1 and by adding thereafter a new Article 2 to read as follows:
"ARTICLE 2 31-9-20. This article shall be known and may be cited as the 'Womans Right to Know Act.'
31-9-21. As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

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(2) 'Attempt to perform an abortion' means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in Georgia in violation of this article. (3) 'Medical emergency' means any condition which, on the basis of the physicians good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. (4) 'Physician' means a person licensed to practice medicine and surgery under Article 2 of Chapter 34 of Title 43. (5) 'Probable gestational age of the unborn child' means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed. (6) 'Qualified agent' means the agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, licensed physicians assistant, registered nurse, or physician.
31-9-22. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, at least 24 hours before the abortion:
(A) The name of the physician who will perform the abortion; (B) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; and (D) The medical risks associated with carrying her child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicates, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion.

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Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator; (2) The female is informed, by telephone or in person, by the physician who is to perform the abortion or by a qualified agent of the physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and (C) That she has the right to review the printed materials described in Code Section 31-9-23, that these materials are available on a state sponsored website, and what the website address is. The physician or the physicians agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing prior to the abortion that the information described in paragraphs (1) and (2) of this Code section has been furnished to her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this Code section; and (4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
31-9-23. (a) Within 90 days after this article first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the states population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour a day telephone number which may be called to obtain,

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orally, such a list and description of agencies in the locality of the caller and of the services they offer; and (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn childs survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term. (b) The materials referred to in subsection (a) of this Code section shall be printed in a typeface large enough to be clearly legible. The website provided for in subsection (d) of this Code section shall be maintained at a minimum resolution of 72 pixels per inch. (c) The materials required under this Code section shall be available at no cost from the Department of Human Resources upon request and in appropriate number to any person, facility, or hospital. (d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section.
31-9-24. When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physicians judgment that an abortion is necessary to avert her death or that a 24 hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
31-9-25. Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to abortion.
31-9-26. Any physician who intentionally, knowingly, or recklessly fails to obtain informed consent pursuant to this article shall be guilty of unprofessional conduct pursuant to paragraph (7) of subsection (a) of Code Section 43-34-37. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No penalty or civil liability may be assessed for failure to comply with subparagraph (C) of paragraph (2) of Code Section 31-9-22 or that portion of paragraph (3) of Code

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Section 31-9-22 requiring a written certification that the female has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of Code Section 31-9-22 unless the Department of Human Resources has made the printed materials available at the time the physician or the physicians agent is required to inform the female of her right to review them.
31-9-27. In every civil proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
31-9-28. (a) Nothing in this article shall be construed as creating or recognizing a right to abortion. (b) This article is not intended to make lawful an abortion which would otherwise be unlawful.
31-9-29. If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this article shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this article and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional.
31-9-30. This article shall not apply in any manner whatsoever to a pregnant woman who has been the victim of rape, incest, domestic violence, or is mentally ill or disabled."
SECTION 2. Said chapter is further amended by striking Code Section 31-9-1, which provides a short

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title, and inserting in its place a new Code section to read as follows: "31-9-1. This chapter article shall be known and may be cited as the 'Georgia Medical Consent Law.'" SECTION 3.
Said chapter is further amended by striking Code Section 31-9-4, relating to applicability of the informed consent law to certain patients, and inserting in its place a new Code section to read as follows:
"31-9-4. This chapter article shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section 37-3-1."
SECTION 4. Said chapter is further amended by striking Code Section 31-9-5, relating to applicability of the informed consent law to abortion and sterilization procedures, and inserting in its place a new Code section to read as follows:
"31-9-5. This chapter article shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter article."
SECTION 5. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-96, relating to construction of the informed consent law, and inserting in their respective places new subsections to read as follows:
"(a) This chapter article shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage." "(d) A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article shall be conclusively presumed to be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same."
SECTION 6. Said chapter is further amended in Code Section 31-9-6.1, relating to disclosures for certain procedures, by striking paragraph (2) of subsection (b), paragraph (3) of subsection (e), and subsection (g) and inserting in their respective places new provisions to read as follows:
"(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required

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427

in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article, then such consent shall be rebuttably presumed to be a valid consent." "(3) If a A patient or other person or persons authorized to give consent pursuant to this chapter article make a request in writing that the information provided for in this Code section not be disclosed;" "(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter article specifically including but not limited to the disciplining of a physician who fails to comply with this Code section."
SECTION 7. Said chapter is further amended by striking Code Section 31-9-7, relating to right to refuse consent at age 18, and inserting in its place a new Code section to read as follows:
"31-9-7. Nothing contained in this chapter article shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his or her own person."
SECTION 8. This Act shall become effective January 1, 2004, and shall apply with respect to abortions performed on or after that date, except that: (1) the provisions of this Act relating to publication and distribution of materials by the Department of Human Resources shall become effective for administrative purposes on approval of this Act by the Governor or upon this Acts becoming law without such approval; and (2) such provisions relating to publication and distribution by the department shall become effective for all purposes on October 1, 2003.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Reed of the 35th offered the following amendment #1:
Amend the Senate substitute to SB 23 (SB23/FSFA/2) by striking lines 23 through 33 of page 5 and inserting in lieu thereof the following:
"In every civil proceeding or action brought under this article, the court shall uphold the anonymity of any female upon whom an abortion has been performed or attempted. The court shall issue an order that the womans anonymity shall be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. This Code section".

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On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour E Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts
Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson
Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P
Squires Y Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 26, and the Reed amendment #1 to the Senate substitute (SB23/FSFA/2) was lost.

Senator Levetan of the 40th offered the following amendment #2:

Amend the Senate substitute (SB23/FSFA/2) to SB 23 by striking from line 31 of page 2 the words and symbol "breast cancer,".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour E Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B

Y Seay N Shafer E Smith,F N Smith,P
Squires Y Starr N Stephens Y Stokes
Tanksley

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429

N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

Y Kemp,R Lamutt
N Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed N Seabaugh

Y Tate N Thomas,D Y Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 26, and the Levetan amendment #2 to the Senate substitute (SB23/FSFA/2) was lost.

Senator Zamarripa of the 36th offered the following amendment #3:
Amend the Senate substitute to SB 23 (SB23/FSFA/2) by striking line 18 of page 6 and inserting in lieu thereof the following:
"the victim of rape, incest, domestic violence, is mentally ill or disabled, is not a citizen of the United States, or is not fluent in a language in which the printed materials are published pursuant to subsection (a) of Code Section 31-9-23.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour E Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort N Gillis

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis

Y Seay N Shafer E Smith,F N Smith,P
Squires Y Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D
Thomas,N Thomas,R Y Thompson N Tolleson N Unterman

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Y Golden N Hall N Hamrick

N Price Y Reed N Seabaugh

N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 19, nays 30, and the Zamarripa amendment #3 to the Senate substitute (SB23/FSFA/2) was lost.

Senator Zamarripa of the 36th offered the following amendment #4:

Amend the Senate substitute to SB 23 (SB23/FSFA/2) by striking line 18 of page 6 and
inserting in lieu thereof the following: "the victim of rape, incest, domestic violence, or is mentally ill or disabled. This
article shall not apply in any manner whatsoever to a pregnant woman who objects
thereto on grounds that the provisions of such article conflict with her religious beliefs.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour E Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer E Smith,F N Smith,P
Squires N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 32, and the Zamarripa amendment #4 to the Senate substitute (SB23/FSFA/2) was lost.

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431

Senator Price of the 56th asked unanimous consent that Senator Tanksley of the 32nd be excused. The consent was granted, and Senator Tanksley was excused.

Senator Adelman of the 42nd offered the following amendment #5:

Amend the Senate floor substitute to SB 23 (SB23/FSFA/2) by inserting on line 10 of
page 1 after the word and symbol "exceptions;" the following: "to require certain facilities to post a notice that the facility does not make referrals for
abortions; to provide certain definitions; to require that certain facilities communicate medically accurate information;"

By deleting the quotation marks on line 18 of page 6.

By inserting between lines 18 and 19 on page 6 the following: "31-9-31. (a) As used in this Code section, the term: (1) 'Facility that provides pregnancy options counseling' means any facility, organization, corporation, group, or entity that advises women, in person or by telephone, about how to handle an unplanned pregnancy. (2) 'Medically accurate' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer reviewed journals, where appropriate, and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field, such as the American College of Obstetricians and Gynecologists or the Centers for Disease Control. (b) Facilities that provide pregnancy options counseling and do not provide referrals for abortions shall post a written notice in a conspicuous location in the facility that the facility does not make referrals for abortions. (c) A facility that provides pregnancy options counseling shall ensure that any
information provided to a person seeking counseling is medically accurate.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour E Blitch
Bowen Y Brown N Brush N Bulloch Y Butler

N Harbison N Harp Y Henson N Hill Y Hooks N Hudgens
Jackson N Johnson

Y Seay Shafer
E Smith,F N Smith,P
Squires Y Starr N Stephens Y Stokes

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N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

E Tanksley Y Tate N Thomas,D Y Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 30, and the Adelman amendment #5 to the Senate substitute (SB23/FSFA/2) was lost.

Senator Balfour of the 9th offered the following amendment #6:

Amend the Senate substitute to SB 23 (SB23/FSFA/2) by deleting the words and symbol "to provide for exceptions;" on line 10 of page 1 and by deleting lines 16 through 18 on page 6.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour E Blitch
Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks N Clay Y Collins Y Crotts N Dean N Fort N Gillis N Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt N Lee Y Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Seay Y Shafer E Smith,F Y Smith,P
Squires N Starr Y Stephens N Stokes E Tanksley N Tate Y Thomas,D N Thomas,N
Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

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433

On the adoption of the amendment, the yeas were 27, nays 23, and the Balfour amendment #6 to the Senate substitute (SB23/FSFA/2) was adopted.

The following communication was received by the Secretary:

RE: Senate Bill 23 Mr. Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 28, 2003

Dear Mr. Eldridge:

I inadvertently voted "no" on the Balfour amendment #6 to the Senate Substitute to Senate Bill 23. Please change that vote to "yes".

Very truly yours, /s/ Charles C. Clay

Senator Brown of the 26th offered the following amendment #7:

Amend SB 23/FSFA/2 by striking "or disabled" on line 18 page 6.

Pursuant to the adoption of the Balfour amendment to the floor substitute, the Brown amendment was ruled out of order.

On the adoption of the floor substitute, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour E Blitch
Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt

N Seay Y Shafer E Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes E Tanksley N Tate Y Thomas,D

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Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Thomas,N N Thomas,R N Thompson
Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the substitute, the yeas were 33, nays 18, and the Senate substitute (SB23/FSFA/2) was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour E Blitch
Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Seay Y Shafer E Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes E Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 34, nays 18.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 46th introduced Chairman of the Board, Elizabeth Dawson, and recognized the Athens Area Chamber of Commerce, commended by SR 73, adopted

FRIDAY, FEBRUARY 28, 2003

435

previously. Ms. Dawson addressed the Senate briefly.

Senator Jackson of the 50th introduced Anne Chandler Phillips, Director of Elections in Hall County, commended by SR 57, adopted previously. Ms. Phillips addressed the Senate briefly.
Senator Johnson of the 1st introduced Hugh E. Coleman, Saint Patrick's Day Parade Committee Chairman and Grand Marshal Lawrence S. "Pete" Connefs, and recognized representatives of the committee, commended by SR 198, adopted previously. Mr. Coleman and Mr. Connefs addressed the Senate briefly.

Senator Golden of the 8th introduced the 2002 Clinch County High School football team and Coach Cecil Barker, commended by SR 191, adopted previously. Coach Barker addressed the Senate briefly.
The following communication was received by the Secretary:

Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
February 28, 2003

Dear Mr. Eldridge:

The Committee on Assignments has appointed Senator George Hooks to the Special Judiciary Committee; he has agreed to resign from the Science and Technology Committee.

Likewise, the Committee on Assignments has appointed Senator Sam Zamarripa to the Science and Technology Committee; he has agreed to resign from the Special Judiciary Committee.

Sincerely,

/s/ Eric Johnson Senate President Pro Tempore

Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then adjourn pursuant to SR 110, until 11:00 a.m., Monday, March 3, 2003; the motion prevailed, and at 12:39 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 3, 2003
Twenty-third Legislative Day

The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 157. By Representatives Day of the 126th and Stephens of the 123rd:

A BILL to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, so as to reestablish or continue such provisions until July 1, 2009; and for other purposes.

HB 166.

By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th and others:

A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; and for other purposes.

HB 267.

By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:

A BILL to amend Code Section 47-3-41 of the Official Code of Georgia

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437

HB 347.
HB 386. HB 488. HB 500. HB 501.

Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.
By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th, Crawford of the 91st, Oliver of the 121st, Post 2 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; and for other purposes.
By Representative Amerson of the 9th:
A BILL to amend an Act providing a new charter for the City of Lula, so as to provide for city council election districts; and for other purposes.
By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act entitled "An Act to reconstitute the board of education of Effingham County," so as to provide for the nonpartisan election of the members of the board of education; and for other purposes.
By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of chief magistrate of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.
By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.

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HB 505. By Representative Hanner of the 133rd:

A BILL to repeal an Act providing for a four-month vehicle registration period for Webster County; to specify the vehicle registration period for Webster County; and for other purposes.

HB 523.

By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 212. By Senators Mullis of the 53rd, Smith of the 52nd, Thomas of the 54th, Hill of the 4th, Thomas of the 2nd and others:

A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; to provide for an employees contribution; to provide that any such election shall be irrevocable; to provide for related matters; to provide an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Retirement Committee.

SB 213. By Senators Seabaugh of the 28th, Bowen of the 13th, Mullis of the 53rd, Seay of the 34th and Tolleson of the 18th:

A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, so as to require licensure by the Safety Fire Commissioner of any person conducting a pyrotechnics display before a proximate audience; to define certain terms; to provide requirements

MONDAY, MARCH 3, 2003

439

for licensure; to require a permit for a fireworks display before a proximate audience; to provide for a license fee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 214. By Senators Mullis of the 53rd, Hamrick of the 30th and Price of the 56th:
A BILL to be entitled an Act to amend Code Section 45-16-45 of the Official Code of Georgia Annotated, relating to authority of coroners and medical examiners to disinter bodies, so as to provide that the chief medical examiner of the Division of Forensic Sciences of the Georgia Bureau of Investigation and district attorneys shall have the authority to disinter bodies under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 215. By Senators Harp of the 16th, Fort of the 39th, Thomas of the 2nd, Thomas of the 54th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change provisions relating to reimbursement by a governmental unit that employs a peace officer within a certain period of time after such peace officer has completed training while employed by another governmental unit; to provide that the reimbursement requirement shall apply only to governmental units and not to peace officers; to require certain acknowledgment by the peace officer of such requirement as a condition to demanding reimbursement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 216. By Senators Price of the 56th, Seabaugh of the 28th, Thomas of the 54th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to revise provisions relating to petitions for charter schools and funding of charter schools; to provide for revised petitions that address deficiencies cited in the denial; to allow a petitioner seeking to create a start-up charter school to submit the

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petition to a local board or the state board; to provide for exemption of charter schools from provisions of Title 20 or any state or local rule, regulation, policy, or procedure; to provide for contracts for administrative and educational services; to provide for a facilities fund; to provide for the terms of use by charter schools of certain surplus or unused property of local boards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 217. By Senators Johnson of the 1st, Clay of the 37th, Lamutt of the 21st, Collins of the 6th and Price of the 56th:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 218. By Senators Mullis of the 53rd, Cagle of the 49th, Collins of the 6th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to provide for indemnification for 911 operators or dispatchers and state or local emergency management agency employees, not otherwise employed as a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or 911 employee, who are killed or permanently disabled in the line of duty; to add the director of the Georgia Emergency Management Agency to the Georgia State Indemnification Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 219. By Senators Seabaugh of the 28th, Thomas of the 2nd and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to authorize the commission to establish administrative fees for certain applications and proceedings; to provide that such fees shall be in an amount

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441

reasonably necessary to cover the costs of the commission; to provide for the disposition of such fees; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 220. By Senators Seabaugh of the 28th, Thomas of the 2nd, Bowen of the 13th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to authorize the Public Service Commission to adopt by rule and enforce customer service requirements applicable to cable television systems; to define a term; to provide for rules and regulations and their adoption and enforcement; to state legislative intent; to provide for the powers of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 221. By Senators Price of the 56th and Moody of the 27th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to limit the use and disposition of toll revenues to the construction, maintenance, or improvement of the project from which the tolls are collected or the construction, maintenance, or improvement of transportation projects physically or operationally connected with and bearing the same state highway route number as such project; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 222. By Senators Thompson of the 33rd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3630), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue

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Code as a tax exempt organization; to provide for a termination date; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 212. By Senators Mullis of the 53rd, Cagle of the 49th, Collins of the 6th and Kemp of the 46th:
A RESOLUTION to create the Joint Study Committee on the Indemnification of Emergency Personnel; and for other purposes.
Referred to the Judiciary Committee.
SR 213. By Senators Mullis of the 53rd, Collins of the 6th and Kemp of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification for 911 operators and dispatchers and state and local emergency management agency employees, not otherwise employed as law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, or 911 employees, who are killed or permanently disabled in the line of duty; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Judiciary Committee.
The following House legislation was read the first time and referred to committee:
HB 157. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, so as to reestablish or continue such provisions until July 1, 2009; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 166. By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th and others:
A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, so

MONDAY, MARCH 3, 2003

443

as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 267. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.
Referred to the Retirement Committee.
HB 347. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th, Crawford of the 91st, Oliver of the 121st, Post 2 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 386. By Representative Amerson of the 9th:
A BILL to amend an Act providing a new charter for the City of Lula, so as to provide for city council election districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 488. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act entitled "An Act to reconstitute the board of education of Effingham County," so as to provide for the nonpartisan election

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of the members of the board of education; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 500. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of chief magistrate of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 501. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 505. By Representative Hanner of the 133rd:
A BILL to repeal an Act providing for a four-month vehicle registration period for Webster County; to specify the vehicle registration period for Webster County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 523. By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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445

The following committee reports were read by the Secretary:

Mr. President:

The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 121 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Hill of the 4th District, Chairman

The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 20 SR 120 SR 121

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 26 SB 42 SB 43

Do Pass Do Pass Do Pass as amended

SB 153 SB 155

Do Pass Do Pass by substitute

Respectfully submitted, Senator Unterman of the 45th District, Chairman

The following legislation was read the second time:

HB 177 HB 266 HB 268

HB 270 SB 87 SB 115

SB 127 SB 138 SB 158

SB 159 SR 6 SR 38

SR 53 SR 60

SR 90 SR 107

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Senator Thomas of the 2nd asked unanimous consent that Senators Kemp of the 3rd and Smith of the 25th be excused. The consent was granted, and Senators Kemp and Smith were excused.

Senator Harp of the 16th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hall

Hamrick Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed

Seabaugh Seay Shafer Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Fort Smith, F. (Excused)

Harbison (Excused) Thomas, N.

Kemp, R. (Excused)

The members pledged allegiance to the flag.

Senator Unterman of the 45th introduced the chaplain of the day, Reverend Phil Schroeder of Grayson, Georgia, who offered scripture reading and prayer.

Senator Harp of the 16th introduced the doctor of the day, Dr. Dan Callahan.

Senator Jackson of the 50th introduced Dr. Orval Porter of Habersham County, Georgia's Superintendent of the Year 2003, commended by SR 58, adopted previously. Dr. Porter addressed the Senate briefly.

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447

The following resolutions were read and adopted:
SR 206. By Senators Thompson of the 33rd, Tate of the 38th, Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A RESOLUTION commending David Hankerson; and for other purposes.
SR 207. By Senator Williams of the 19th:
A RESOLUTION commending Aubrey E. Fallin; and for other purposes.
SR 208. By Senators Mullis of the 53rd, Butler of the 55th, Price of the 56th, Smith of the 52nd, Tolleson of the 18th and others:
A RESOLUTION commending the tourism industry in Georgia and establishing March 12, 2003, as "Georgia Tourism Day"; and for other purposes.
SR 209. By Senator Levetan of the 40th:
A RESOLUTION expressing regret at the passing of Bob Walling; and for other purposes.
SR 210. By Senators Levetan of the 40th and Adelman of the 42nd:
A RESOLUTION commending the Marcus Jewish Community Center of Atlanta and the Harris Jacobs Dream Run; and for other purposes.
SR 211. By Senator Levetan of the 40th:
A RESOLUTION recognizing former Canadian Prime Minister Kim Campbell; and for other purposes.
SR 214. By Senator Kemp of the 46th:
A RESOLUTION commending Louise Boyce for her remarkable life and outstanding career as a teacher; and for other purposes.
SENATE RULES CALENDAR MONDAY, MARCH 3, 2003
TWENTY-THIRD LEGISLATIVE DAY

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SB 121

Motor vehicles; abandoned; businesses engaged in nonconsensual towing; regulations (Substitute) (PS&HS-19th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 26, 2003).

SB 85

Optometry; practicing without a license; increase punishment (H&HS-30th)

SB 78

Banking and Finance; regulations; comprehensive revisions (B&FI-47th)

SB 86

Local government; transfer of development rights; sending property; revise procedure (JUDY-47th)

SB 166

Insurance; individual deferred annuities; nonforfeiture rate (I&L-21st)

SB 134

Watercraft; vessel classification; required equipment; reportable accidents (FIN-49th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final action suspended on Wednesday, February 26, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

SB 121. By Senators Williams of the 19th, Jackson of the 50th and Gillis of the 20th:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of abandoned motor vehicles, so as to provide that the department shall have the authority to regulate the business of nonconsensual towing; to provide that the department shall have the authority to set rates for businesses engaged in nonconsensual towing; to provide for a penalty for violation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The substitute offered by Senator Williams of the 19th as it appears in the Journal of Wednesday, February 26, 2003, was automatically reconsidered.

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449

On the adoption of the substitute, the yeas were 38, nays 0, and the Williams substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp
Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following legislation was read the third time and put upon its passage:

SB 85. By Senators Hamrick of the 30th, Cagle of the 49th, Kemp of the 3rd, Kemp of the 46th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, so as to increase punishment; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle
Cheeks Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

3 March 2003

To Whom It May Concern:

The automatic voter recorder did not register my yea vote on SB 85. Please add my note to the Journal.

/s/ Horacena Tate

The Calendar was resumed.

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451

SB 78. By Senator Cheeks of the 23rd:

A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for the use of a collection agency to collect fees owed to the state; to provide for the disclosure of a banks examination information to its holding company; to provide for changes in dissolution proceedings; to enable a bank or trust company to organize as a limited liability company; to provide for minimum capital stock requirements for established banks and trust companies; to require compliance with minimum age laws for mergers; to authorize all banks to operate automated teller machines statewide; to provide for certain changes in preferred shares of credit unions; to provide for certain definitions related to the sale of checks; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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SB 86. By Senators Hudgens of the 47th, Zamarripa of the 36th, Reed of the 35th and Kemp of the 46th:

A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, so as to define certain terms; to revise procedures relative to the creation of the transfer of development rights within or between political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Stokes of the 43rd offered the following amendment #1:

Amend SB 86 by deleting cross out on page 3 line "30". Change "15" to "30" on line 26.

Senator Stokes of the 43rd asked unanimous consent that her amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Stokes of the 43rd offered the following amendment #2:

Amend SB 86 by deleting cross out on page 3 line "30", 31, 32 Change "15" to "30" on line 26 subject property owners shall be notified by certified mail.

Senator Stokes of the 43rd asked unanimous consent that her amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Stokes of the 43rd offered the following amendment #3:

Amend SB 86 by deleting cross out on page 3 line "30", 31, 32 Change "15" to "30" on line 26 Line 30 after "hearing" add subject property owners shall be notified by certified mail.

Senator Jackson of the 50th moved that SB 86 be dropped to the foot of the Calendar for today.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Blitch Y Bowen Y Brown
Brush

E Harbison N Harp
Henson N Hill N Hooks N Hudgens

N Seay N Shafer E Smith,F N Smith,P N Squires N Starr

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453

N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean
Fort N Gillis Y Golden N Hall N Hamrick

Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee N Levetan N Me V Bremen N Moody N Mullis N Price N Reed N Seabaugh

N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N
Thomas,R N Thompson N Tolleson N Unterman N Williams N Zamarripa

On the motion, the yeas were 11, nays 38; the motion lost, and SB 86 was not dropped to the foot of the Calendar.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Balfour
Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean
Fort N Gillis Y Golden N Hall N Hamrick

E Harbison N Harp
Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan N Me V Bremen N Moody N Mullis N Price N Reed N Seabaugh

N Seay N Shafer E Smith,F N Smith,P N Squires Y Starr N Stephens Y Stokes N Tanksley
Tate N Thomas,D Y Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams N Zamarripa

On the adoption of the amendment, the yeas were 16, nays 32, and the Stokes amendment #3 was lost.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 166. By Senators Lamutt of the 21st, Seabaugh of the 28th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; 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.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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455

Y Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 134. By Senators Cagle of the 49th, Jackson of the 50th and Unterman of the 45th:

A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown

E Harbison Y Harp
Henson Y Hill Y Hooks

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires

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Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
March 3, 2003

Dear Mr. Eldridge:

The Committee on Assignments has added Senator Don Balfour, Senator Mitch Seabaugh and Senator Tommie Williams as ex-officio members of the Interstate Cooperation Committee.

Sincerely,

/s/ Eric Johnson Senate President Pro Tempore

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 1:26 p.m.

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457

Senate Chamber, Atlanta, Georgia Tuesday, March 4, 2003
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 314.

By Representatives Mosley of the 129th, Post 1, Buck of the 112th, Channell of the 77th, Brooks of the 47th and Smith of the 129th, Post 2:

A BILL to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, the segregation of funds, and matching funds, so as to provide for the expenditure of interest on the corpus of such fund; and for other purposes.

HB 327.

By Representatives Powell of the 23rd, Ehrhart of the 28th and Boggs of the 145th:

A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; and for other purposes.

HB 456.

By Representatives Buck of the 112th, Channell of the 77th, Parrish of the 102nd and Brooks of the 47th:

A BILL to amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "the Georgia Distance Learning and

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Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; and for other purposes.

HB 587.

By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

A BILL to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

HB 588. By Representative Buckner of the 109th:

A BILL to amend an Act establishing a Board of Commissioners of Talbot County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

HB 589. By Representatives Buckner of the 109th and Smith of the 110th:

A BILL to amend an Act reconstituting the Board of Education of Talbot County, so as to revise the districts for the election of members of the board of education; and for other purposes.

HB 600. By Representative Houston of the 139th:

A BILL to amend an Act relating to the Magistrate Court of Berrien County, so as to provide for the position of magistrate; to provide for the selection and service of the magistrate; and for other purposes.

HB 602.

By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Ehrhart of the 28th, Stoner of the 34th, Post 1 and others:

A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

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459

SB 223. By Senators Lee of the 29th, Harp of the 16th, Zamarripa of the 36th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for teachers, so as to provide that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 224. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide a residency requirement for election to the office of mayor or city councilmember; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 225. By Senators Thompson of the 33rd, Tanksley of the 32nd, Meyer von Bremen of the 12th and Harp of the 16th:
A BILL to be entitled an Act to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; to change provisions relating to litigation costs and attorneys fees in frivolous actions and defenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 226. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 47-3-66 of the O.C.G.A., relating to the membership in the Teachers Retirement System of Georgia of teachers who were employed by independent school systems, creditable

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service, employee and employer contributions, and the effect of failure to pay required contributions, so as to provide that certain members of such retirement system may obtain creditable service for certain prior service with an independent school system; to amend Code Section 47-3-87.1 of the O.C.G.A., relating to credit in the Teachers Retirement System of Georgia for service rendered in independent school systems prior to, but not later than, June 30, 1979, so as to provide that such credit may be obtained at any time; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 227. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to change certain provisions relating to homicide by vehicle in the second degree; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 228. By Senators Lee of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates to be issued benefiting the 501(c)(3) foundations of the professional sports teams in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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461

SB 230. By Senators Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to amend the "City of Atlanta and Fulton County Recreation Authority Act," approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, so as to provide for certain limitations with respect to the powers of the authority; to prohibit the authority from incurring new debt; to limit the number of employees of the authority and the amount which may be expended by the authority for employee salaries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 232. By Senators Shafer of the 48th, Cagle of the 49th, Smith of the 52nd, Hudgens of the 47th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to obscenity offenses related to minors generally, so as to provide a short title; to provide definitions; to provide that it shall be illegal for an Internet service provider to fail to remove or disable access to child pornography items residing on or accessible through its service after notice; to provide for notice to Internet service providers by the Attorney General; to provide for penalties; to provide for applications to remove child pornographic items residing on or accessible through an Internet service providers service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

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SB 233. By Senators Lamutt of the 21st, Golden of the 8th, Blitch of the 7th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employees cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be catastrophic; to provide time limitations on the submission of medical bills; to provide for when an employee is entitled to receive permanent partial disability benefits; to place the temporary total benefits maximum at $425.00 per week and to place the minimum at $42.50 per week; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 234. By Senators Shafer of the 48th, Balfour of the 9th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the judges of the Gwinnett Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 235. By Senators Shafer of the 48th, Balfour of the 9th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of

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463

business among the judges of the Gwinnett Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 236. By Senators Stephens of the 51st, Lee of the 29th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 237. By Senators Thompson of the 33rd, Jackson of the 50th, Reed of the 35th, Stokes of the 43rd and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to require that all insurers authorized to do business in this state shall publish certain information on an annual basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 238. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Jackson of the 50th, Reed of the 35th, Stokes of the 43rd and Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules, so as to require the approval by the Commissioner of Insurance of all rates, rating plans, rating systems, and underwriting rules prior to such rates, rating plans, rating systems, and underwriting rules becoming effective; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SR 220. By Senators Hamrick of the 30th, Hill of the 4th and Johnson of the 1st:
A RESOLUTION creating the Improvement of the HOPE Scholarship Joint Study Commission; and for other purposes.
Referred to the Higher Education Committee.
The following House legislation was read the first time and referred to committee:
HB 314. By Representatives Mosley of the 129th, Post 1, Buck of the 112th, Channell of the 77th, Brooks of the 47th and Smith of the 129th, Post 2:
A BILL to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, the segregation of funds, and matching funds, so as to provide for the expenditure of interest on the corpus of such fund; and for other purposes.
Referred to the Appropriations Committee.
HB 327. By Representatives Powell of the 23rd, Ehrhart of the 28th and Boggs of the 145th:
A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 456. By Representatives Buck of the 112th, Channell of the 77th, Parrish of the 102nd and Brooks of the 47th:
A BILL to amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "the Georgia Distance Learning and Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; and for other purposes.
Referred to the Appropriations Committee.

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465

HB 587. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 588. By Representative Buckner of the 109th:
A BILL to amend an Act establishing a Board of Commissioners of Talbot County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 589. By Representatives Buckner of the 109th and Smith of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Talbot County, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 600. By Representative Houston of the 139th:
A BILL to amend an Act relating to the Magistrate Court of Berrien County, so as to provide for the position of magistrate; to provide for the selection and service of the magistrate; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 602. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Ehrhart of the 28th, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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The following committee reports were read by the Secretary:

Mr. President:

The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 108 Do Pass SB 183 Do Pass as amended
Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President:

The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 82

Do Pass

SB 108 Do Pass by substitute

Respectfully submitted,

Senator Crotts of the 17th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 45 HB 53

Do Pass Do Pass

HB 54 SB 190

Do Pass Do Pass

Mr. President:

Respectfully submitted, Senator Thomas of the 54th District, Chairman

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 1 SB 47

Do Pass by substitute Do Pass by substitute

SB 97 SB 117

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

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467

Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 207 Do Pass
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

HB 60 HB 523 SB 49

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Unterman of the 45th District, Chairman

Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendations:

SB 173 SR 150 SR 184

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Williams of the 19th District, Chairman

The following legislation was read the second time:

HB 121 SB 20

SB 26 SB 42

SB 43 SB 153

SB 155

SR 120

SR 121

Senator Harp of the 16th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

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Senator Adelman of the 42nd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

Senator Jackson of the 50th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused.

Senator Kemp of the 3rd asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Shafer of the 48th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

The roll was called and the following Senators answered to their names:

Adelman Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall Hamrick

Harp Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh

Seay Shafer Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Balfour (Excused) Henson (Excused)

Blitch (Excused) Smith, F. (Excused)

Harbison (Excused) Stephens

The members pledged allegiance to the flag.

Senator Harp of the 16th introduced the chaplain of the day, Dr. Rick Lanford of Macon, Georgia, who offered scripture reading and prayer.

Senator Clay of the 37th introduced the doctor of the day, Dr. Samuel A. Gilbert.

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469

The following resolutions were read and adopted:

SR 215. By Senator Meyer von Bremen of the 12th:

A RESOLUTION recognizing and celebrating the 150th Anniversary of the Benevolence Baptist Church; and for other purposes.

SR 216. By Senator Jackson of the 50th:

A RESOLUTION commending Honorable Jeanette Jamieson; and for other purposes.

SR 217. By Senator Tate of the 38th:

A RESOLUTION commending Ms. Jenelsie Walden Holloway; and for other purposes.

SR 218. By Senator Brown of the 26th:

A RESOLUTION honoring Reverend Ronald E. Terry, Sr., on the occasion of his anniversary; and for other purposes.

SR 219. By Senator Jackson of the 50th:

A RESOLUTION commending the members of the Silver-Haired Legislature; and for other purposes.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, March 4, 2003 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.)

HB 60

Starr of the 44th MORROW, CITY OF

A BILL to provide a new charter for the City of Morrow; and for other purposes.

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JOURNAL OF THE SENATE

HB 523

Johnson of the 1st Kemp of the 3rd GLYNN COUNTY

A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Harp
E Henson Y Hill
Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr
Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 48, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SB 165 SB 167 SB 22 SB 94 SB 156 SB 88 SB 115 SB 145 SB 158 SB 87 SB 96

TUESDAY, MARCH 4, 2003

471

SENATE RULES CALENDAR TUESDAY, MARCH 4, 2003 TWENTY-FOURTH LEGISLATIVE DAY
Unemployment Compensation Fund; administrative assessment; allocation of funds (I&L-21st)
Unemployment compensation; employer contribution rates; extend reduction (Substitute)(I&L-21st)
Criminal records; disclosure; employment; caring for children or elder persons (Substitute)(PS&HS-55th)
Coastal Marshlands Protection Act; exemption; private docks; residence (NR&E-19th)
Life Insurance; insurable interest on an employee by a corporation; consent of insured (I&L-48th)
Public authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions (ED&T-26th)
Minority business enterprises; certification procedures as defined in federal law (ED&T-4th)
Prescription drugs by mail; enrollees in HMO health benefit plans (H&HS-9th)
City of LaGrange Gas Authority Act (RI&Util-29th)
Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement (RI&Util-29th)
Health Insurance; covered benefits; off-label prescription drugs (Substitute)(H&HS-45th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

SB 165. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-182 of the Official Code of Georgia Annotated, relating to the authority to collect an administrative assessment and to deposit the funds in a clearing account, so as to provide for the allocation of such funds; to repeal conflicting laws; and for other purposes.
Senator Lamutt of the 21st asked unanimous consent that SB 165 be dropped to the foot of the Calendar for today. The consent was granted, and SB 165 was dropped to the foot of the Senate Rules Calendar for today.
SB 167. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-155 of the Official Code of Georgia Annotated, relating to benefit experience and variations from standard rate of employer contributions during certain periods, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Lamutt of the 21st asked unanimous consent that SB 167 be dropped to the foot of the Calendar for today. The consent was granted, and SB 167 was dropped to the foot of the Senate Rules Calendar for today.
The following legislation was read the third time and put upon its passage:
SB 22. By Senators Butler of the 55th, Squires of the 5th, Reed of the 35th, Adelman of the 42nd and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses; to provide that a person discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly persons if prosecuted for one of a list of specified offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

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473

The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 22:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of certain first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses; to provide that certain persons discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly persons if prosecuted for one of a list of specified offenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in Code Section 35-3-34, relating to disclosure of criminal records to private persons and businesses by the Georgia Crime Information Center, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".
SECTION 2. Said chapter is further amended in Code Section 35-3-35, relating to disclosure of criminal records to public agencies or political subdivisions by the Georgia Crime Information Center, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 35-3-34.1 to read as follows:

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JOURNAL OF THE SENATE

"35-3-34.1. The center is authorized to provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt if:
(1) The offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004; and either (2) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; or (3) The request for information is an inquiry about a person who has applied for employment with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8."
SECTION 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-62, relating to discharge without adjudication of guilt for certain offenders confined or placed on probation as first offenders, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record,

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475

and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge."
SECTION 5. Said chapter is further amended by inserting a new Code section to read as follows:
"42-8-63.1. A discharge under this article may be used to disqualify a person for employment if:
(1) The offender was discharged under this article on or after July 1, 2004; and either (2) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; or (3) The employment is with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8."

SECTION 6. This Act shall become effective upon funds being appropriated by the General Assembly or upon the Georgia Bureau of Investigation obtaining funding or grant monies for implementation of this Act.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler

E Harbison Harp
E Henson Y Hill Y Hooks Y Hudgens
Jackson Y Johnson

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr
Stephens Y Stokes

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JOURNAL OF THE SENATE

Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
Golden Y Hall Y Hamrick

Y Kemp,B Y Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

I thought I had voted yes. My intention was to vote Yes for SB 22. /s/ Liane Levetan

The Calendar was resumed.

SB 94. By Senators Williams of the 19th, Johnson of the 1st, Price of the 56th and Blitch of the 7th:

A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush

E Harbison Harp
E Henson Y Hill Y Hooks Y Hudgens

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr

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477

Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 156. By Senator Shafer of the 48th:

A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks

E Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate

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JOURNAL OF THE SENATE

Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 88. By Senators Brown of the 26th, Blitch of the 7th, Henson of the 41st, Meyer von Bremen of the 12th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the O.C.G.A., relating to public authorities, so as to change a provision relating to the Georgia Music Hall of Fame Advisory Committee; to change the composition of the Georgia Sports Hall of Fame Authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its responsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to amend Article 1 of Chapter 8 of Title 50 of the O.C.G.A., relating to general provisions relative to the Department of Community Affairs, so as to authorize the department to assist the Georgia Sports Hall of Fame Authority; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle

E Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr
Stephens Y Stokes Y Tanksley

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479

Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Kemp,R Lamutt
Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 115. By Senators Hill of the 4th, Seay of the 34th and Stokes of the 43rd:

A BILL to be entitled an Act to amend Code Section 50-5-132 of the Official Code of Georgia Annotated, relating to eligibility and procedures for certification of minority business enterprises, so as to change and simplify certain procedures for certification of minority business enterprises; to change certain information required for certification; to provide for related matters; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts

E Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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JOURNAL OF THE SENATE

Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Harp of the 16th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted and Senator Meyer von Bremen was excused.

SB 145. By Senators Balfour of the 9th, Thomas of the 54th, Stokes of the 43rd and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch N Bowen Y Brown N Brush N Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins N Crotts

E Harbison N Harp E Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R

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481

Y Dean Y Fort N Gillis Y Golden Y Hall
Hamrick

E Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

N Thompson N Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 37, nays 13.

The bill, having received the requisite constitutional majority, was passed.

SB 158. By Senator Lee of the 29th:

A BILL to be entitled an Act to create the City of LaGrange Gas 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 of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefore and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings 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 repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean

E Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson

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JOURNAL OF THE SENATE

Y Fort Y Gillis Y Golden Y Hall
Hamrick

Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Thomas of the 10th recognized representatives of "Public Safety Employees Day in Georgia", commended by SR 98, adopted previously.

The Calendar was resumed.

SB 87. By Senators Lee of the 29th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean

E Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson

TUESDAY, MARCH 4, 2003

483

Fort Y Gillis
Golden Y Hall Y Hamrick

Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 96. By Senators Unterman of the 45th, Thomas of the 54th, Price of the 56th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Health and Human Services Committee offered the following substitute to SB 96:
A BILL TO BE ENTITLED AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to
general provisions relative to insurance, is amended by inserting at the end thereof a new
Code section to be designated Code Section 33-24-59.11 to read as follows: "33-24-59.11. (a) As used in this Code section, the term:

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JOURNAL OF THE SENATE

(1) 'Chronic and seriously debilitating' means diseases or conditions that cause significant long-term morbidity and that require ongoing treatment to maintain remission or prevent deterioration. (2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state on or after July 1, 2003, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer; provided, however, that 'health benefit policy' shall not include the limited benefit policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12. (3) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (4) 'Life-threatening' means:
(A) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; (B) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival; or (C) The natural process of aging shall not be construed as a disease or condition for the purposes of this definition or this Code section. (b) No health benefit policy issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly covers prescription drugs shall limit or exclude coverage for a drug on the basis that the drug is prescribed for a use that is different from the use for which that drug has been approved for marketing by the federal Food and Drug Administration, provided that all of the following conditions have been met and subject to the prior authorization process or other restrictions of the insurer: (1) The drug has been approved by the federal Food and Drug Administration; (2)(A) The drug is prescribed by a contracting licensed health care professional for the treatment of a life-threatening disease or condition; (B) The drug is prescribed by a contracting licensed health care professional for the treatment of a chronic and seriously debilitating disease or condition, the drug is medically necessary to treat that disease or condition, and the drug is on the insurers formulary or preferred drug list, if any; or (C) The drug is prescribed by a contracting licensed health care professional to treat a disease or condition in a child where the drug has been approved by the federal Food and Drug Administration for similar conditions or diseases in adults and the drug is medically necessary to treat that disease or condition; and (3) The drug has been recognized for treatment of that disease or condition or pediatric application by one of the following: (A) The American Medical Association Drug Evaluations; (B) The American Hospital Formulary Service Drug Information; or (C) The United States Pharmacopoeia Dispensing Information, Volume 1, 'Drug Information for the Health Care Professional'; or

TUESDAY, MARCH 4, 2003

485

(D) Two articles from major peer reviewed medical journals that present data supporting the proposed off-label use or uses as generally safe and effective unless there is clear and convincing contradictory evidence presented in a major peer reviewed medical journal. (c) It shall be the responsibility of the contracting prescriber to submit to the insurer documentation supporting compliance with the requirements of subsection (b) of this Code section, if requested by the insurer. (d) Any coverage required by this Code section shall also include medically necessary services associated with the administration of a drug subject to the conditions of the contract. (e) The provisions of this Code section shall not be deemed to require coverage for any of the following: (1) The treatment of a condition or disease that is excluded under the terms of the health benefit policy; (2) An experimental drug not approved for indication by the federal Food and Drug Administration; or (3) Drug treatment by a drug not listed on the health benefit plan formulary or preferred drug list. (f) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given health benefit policy."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay

E Harbison Y Harp E Henson
Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate
Thomas,D

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JOURNAL OF THE SENATE

Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Price of the 56th moved that the Senate adjourn until 10:00 a.m., tomorrow.

The motion prevailed, and the President announced the Senate adjourned at 12:13 p.m.

WEDNESDAY, MARCH 5, 2003

487

Senate Chamber, Atlanta, Georgia Wednesday, March 5, 2003
Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th 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 message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:

HB 93.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.

HB 173.

By Representatives Hill of the 81st, Snow of the 1st, Dodson of the 84th, Post 1, Williams of the 128th, Coleman of the 118th and others:
A BILL to amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, so as to provide that it shall be unlawful for any person to possess or use a bulletproof vest during the commission or attempted commission of certain offenses; and for other purposes.

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HB 279.

By Representatives Moraitakis of the 42nd, Post 4 and Stephens of the 123rd:
A BILL to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the use of certain electronic or computer devices in playing bingo; to provide for lease of bingo equipment from organizations not licensed to conduct bingo games; and for other purposes.

HB 285.

By Representatives Stokes of the 72nd, Westmoreland of the 86th, Rogers of the 20th, Drenner of the 57th, James of the 114th and others:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally; and for other purposes.

HB 424.

By Representatives Porter of the 119th, McBee of the 74th, Gardner of the 42nd, Post 3, Howell of the 92nd and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

HB 445.

By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:
A BILL to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; and for other purposes.

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489

HB 446.

By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:

A BILL to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, so as to provide an additional judge for the State Court of Fulton County; and for other purposes.

HB 457.

By Representatives Buck of the 112th, Bridges of the 7th, Hill of the 81st, Parham of the 94th, Boggs of the 145th and others:

A BILL to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require motor vehicle operators to take certain precautions when passing stationary authorized emergency, towing, recovery, and highway maintenance vehicles; and for other purposes.

HB 461.

By Representatives Purcell of the 122nd, Birdsong of the 104th and Cummings of the 19th:

A BILL to amend Chapter 24 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Military Pension Fund, so as to provide that certain ordered active duty shall not constitute a break in service; and for other purposes.

HB 592.

By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:

A BILL to amend an Act providing for the revised and restated charter for the City of Monroe, so as to change the description of the election districts; and for other purposes.

HB 623.

By Representatives Lewis of the 12th, Childers of the 13th, Post 1, Cummings of the 19th and Smith of the 13th, Post 2:

A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the method of filling vacancies on said board; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

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HR 106.

By Representatives Chambers of the 53rd, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Mangham of the 62nd and others:

A RESOLUTION honoring the memory of Sheriff-elect Derwin Brown and designating the Sheriff-elect Derwin Brown Memorial Bridge; and for other purposes.

HR 107. By Representative Black of the 144th:

A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 53.

By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:

A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

HB 265.

By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:

A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 239. By Senators Crotts of the 17th, Smith of the 25th and Thomas of the 10th:

A BILL to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the

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Senate, so as to change the composition of certain state senatorial districts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Crotts of the 17th gave notice that at the proper time he would ask that SB 239 be engrossed.
SB 240. By Senators Hudgens of the 47th, Johnson of the 1st, Starr of the 44th, Thomas of the 54th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 241. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Department of Family and Children Services; to provide definitions; to provide for the Board of Family and Children Services; to provide for its membership and functions; to provide that the Department of Family and Children Services shall succeed to the powers, duties, responsibilities, and functions of the Division of Family and Children Services of the Department of Human Resources; to provide for the transfer of employees; to provide for the appointment of a commissioner; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 242. By Senators Butler of the 55th, Thomas of the 10th, Brown of the 26th, Stokes of the 43rd, Dean of the 31st and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health, so as to enact the "Georgias Childrens Vision Improvement and Learning Readiness Act of 2003"; to provide for legislative findings; to provide for the State Board of Education to apply for federal funds to develop a state program to provide comprehensive eye examinations for children entering first grade; to require comprehensive eye examinations for all children entering first grade; to provide for a definition of comprehensive eye examination; to provide for the

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development of program eligibility criteria, a list of providers, a system of provider reimbursement, and a method for evaluation and reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 244. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., relating to postsecondary education, so as to authorize tuition equalization grants for part-time students; to provide for reduced grants to part-time students; to change residency requirements for student eligibility for tuition equalization grants; to remove a restriction on tuition equalization grants for summer school; to provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 245. By Senators Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st, Tanksley of the 32nd, Collins of the 6th and Tate of the 38th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4614), so as to change the provisions relating to the

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compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 246. By Senators Kemp of the 46th, Hudgens of the 47th, Unterman of the 45th, Crotts of the 17th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding water resources, so as to provide that the state shall not take over operation of, condemn, or otherwise take control of locally funded water reservoirs without paying just and adequate compensation therefor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 247. By Senators Kemp of the 46th, Tolleson of the 18th, Hall of the 22nd, Hamrick of the 30th, Collins of the 6th and others:
A BILL to be entitled an Act to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, so as to provide for donations to the Georgia Greenspace Trust Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 248. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for the comprehensive revision of provisions regarding education accountability; to eliminate the Office of Education Accountability; to create the Office of Student Achievement of the Department of Education; to change certain provisions regarding alternative education programs; to change certain provisions regarding enrollment in postsecondary courses; to change certain provisions regarding increasing teachers salaries in shortage areas; to repeal certain provisions regarding the Education Information Steering Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

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SB 249. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the comprehensive revision of provisions regarding education flexibility and accountability; to eliminate the Office of Education Accountability; to provide for powers, duties, and responsibilities of the Office of Student Achievement of the Department of Education; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding funding for additional days of instruction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

SB 250. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title of a vehicle, so as to provide that all such applications shall bear the full legal name and drivers license number of the owner; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SR 224. By Senators Williams of the 19th, Brush of the 24th and Hamrick of the 30th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne, and White counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

SR 225. By Senators Zamarripa of the 36th, Johnson of the 1st, Kemp of the 3rd, Bulloch of the 11th, Meyer von Bremen of the 12th and others:
A RESOLUTION urging the State of Georgia to study and put forward a strategic business framework for increasing trade with China by creating a

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public private forum to analyze our current situation, establish the economic value of a strategy and recommend the best possible course of action for the future; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SR 226. By Senators Smith of the 52nd, Price of the 56th, Tolleson of the 18th, Lamutt of the 21st, Mullis of the 53rd and others:
A RESOLUTION requesting that the Congressional Delegation of the State of Georgia work to pass President Bush's 2003 Economic Growth and Tax Relief Plan; and for other purposes.
Referred to the Rules Committee.

SR 227. By Senators Cagle of the 49th, Shafer of the 48th, Mullis of the 53rd, Hamrick of the 30th, Tanksley of the 32nd and others:
A RESOLUTION directing the Georgia State Financing and Investment Commission to issue a request for proposals for the transfer or securitization of all or part of the states rights to payments under the tobacco master settlement agreement; and for other purposes.
Referred to the Appropriations Committee.

SR 228. By Senators Zamarripa of the 36th, Tate of the 38th, Reed of the 35th, Squires of the 5th, Seay of the 34th and others:
A RESOLUTION urging the Georgia Department of Human Resources to adopt specific Farm Bill 2002 state options to provide access to the federal Food Stamp Program for low-income Georgians; and for other purposes.
Referred to the Rules Committee.

SR 229. By Senators Meyer von Bremen of the 12th and Golden of the 8th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.
Referred to the Transportation Committee.

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The following House legislation was read the first time and referred to committee:
HB 93. By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.
Referred to the Finance Committee.
HB 173. By Representatives Hill of the 81st, Snow of the 1st, Dodson of the 84th, Post 1, Williams of the 128th, Coleman of the 118th and others:
A BILL to amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, so as to provide that it shall be unlawful for any person to possess or use a bulletproof vest during the commission or attempted commission of certain offenses; and for other purposes.
Referred to the Special Judiciary Committee.
HB 279. By Representatives Moraitakis of the 42nd, Post 4 and Stephens of the 123rd:
A BILL to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the use of certain electronic or computer devices in playing bingo; to provide for lease of bingo equipment from organizations not licensed to conduct bingo games; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HB 285. By Representatives Stokes of the 72nd, Westmoreland of the 86th, Rogers of the 20th, Drenner of the 57th, James of the 114th and others:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change

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497

certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surfacewater use generally; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 424. By Representatives Porter of the 119th, McBee of the 74th, Gardner of the 42nd, Post 3, Howell of the 92nd and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.
Referred to the Higher Education Committee.
HB 445. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:
A BILL to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 446. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:
A BILL to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Cour